Awarding Sole or Joint Physical or Legal Child Custody to a Parent Who has Committed Domestic Violence Against the Other Parent is Presumed to be Detrimental to the Best Interests of the Children
A Breach of a Fiduciary Duty Did Not Occur Notwithstanding a Huge Windfall to One Spouse in the Divorce
Absent a Finding that California Courts are Vested with Exclusive Jurisdiction for Spousal Support, California Trial Court Orders Confirming Registration of Out of State Support Orders Are Valid
Since the Acquisition of Property Preceded the Effective Date of the Statute, Reimbursement of Separate Property Contributions was Not Allowed
Wife Had Standing to Bring Shareholder Derivative Suit to Claim an Interest in Deceased Husband’s Business
The Act of Purposefully Sending a Video of a Mock Suicide to a Spouse Constituted Conduct that Would Disturb the Peace of the Other Party Under the Domestic Violence Prevention Act
While a Parent’s Inheritance is Not Considered Income for the Purpose of Calculating Annual Gross Income it May be Considered by the Divorce Court in Determining Support Obligations
In an Adoption Proceeding When an Unwed Father Has Established that He is the Child’s Natural Parent, He Can Try to Show a Full Commitment to His Parental Responsibilities, Which Could Entitle Him to the Benefit of the “Detriment to the Child Standard”
Where there is a Change in Circumstances a Divorce Court May Order an Incremental Decrease in the Amount of Spousal Support Obligations Paid by One Spouse to the Other
The Amount of Temporary Spousal Support is Not Restricted to an Amount Necessary to Maintain a Frugal Marital Standard of Living if it Was Lower than the Spouse’s Financial Circumstances During the Marriage Would Have Allowed
Where a Spouse is Irresponsible with their Finances a Divorce Court May Terminate Spousal Support Based on a Finding of Self-Sufficiency
Where One Spouse Can Afford to Continue a Standard of Living Consistent with that Enjoyed During the Marriages, that Spouse May be Required to Pay Support if it Would Not Significantly Lower than the Payor Spouse’s Standard of Living
Where Child Support Departs from Guideline Child Support, the Divorce Court Must Justify the Departure in Writing or on the Record
A Waiver of Family Code Section 4337 Which Terminates Spousal Support Upon the Supported Spouse’s Remarriage Does Not Need to be Express or Specific
A California Court Will Not Enforce a Foreign Dowry Agreement that Benefits a Party Who Initiates Dissolution of the Marriage
“Badgering” is Legally Insufficient, by Itself, to Support the Issuance of a Restraining Order Under the Domestic Violence Prevention Act
Under the California Rules of Court, a Notice of Appeal for a Domestic Violence Restraining Order Must be Filed Within 60 Days After Entry of Judgment, or Within 180 Days if Service was Not Proper
A Business Valuation Divorce Trial May Not Be Reopened When the “New” Evidence Was Known at the Time of Divorce Trial
Behavior that Intentionally or Recklessly Causes Bodily Injury, or a Reasonable Fear of Imminent Serious Bodily Injury, or that Disturbs the Peace of the Other Party, Constitutes “Abuse” Under the Domestic Violence Prevention Act
A Change in Circumstances May be Based on an Increased Ability to Pay and a Showing That a Spouse’s Needs at the Time of the Separation Were Not Met with the Initial Order
There is a Limited Exception Under Family Code Section 3103 that Can Create a Legal Duty for a Grandparent to Support a Grandchild
There is a Limitation on Discovery Where a Parent Stipulates to their Ability to Pay the Child Support Order
The Plain Meaning of the Phrase “Disturbing the Peace of the Other Party” May be Understood to Mean “Conduct that Destroys the Mental or Emotional Calm of the Other Party”
In Calculating Child Support Payments, a Parent May be Credited with the Time the Child is in School if That Parent Has Primary Physical Responsibility for the Child
The Definition of “Abuse” Under the Domestic Violence Prevention Act is Not Limited to the Infliction of Physical Injury or Assault
The Community Acquires a Right to Reasonable Compensation from Community Efforts Devoted to Separate Property, if the Business Has Increased in Value During the Marriage and the Increase was Due Primarily to the Efforts of the Spouse
The Community is Entitled to Reasonable Compensation for a Spouse’s Efforts Towards a Separate Property Business
Conduct that “Destroys the Mental or Emotional Calm of the Other Party” Constitutes “Disturbing the Peace of the Other Party,” and is thus “Abuse,” Under the Domestic Violence Prevention Act
Sworn Statements from Husband and Wife that they Executed a Premarital Agreement Sufficed as an “Acknowledgment” of a Marriage Contract as Required under the Civil Code
Structured Annuity Payments as Compensation for Personal Injury Do Not Constitute Income for the Purpose of Determining Child Support Payments
The Court Cannot Look to a Partner’s Earning Capacity and Expectation of Future Income to Determine Goodwill in a Partnership
A Stepfather’s Acts of Abuse Against a Child’s Father Outside of the Child’s Presence Did Not Amount to Abuse Under the Domestic Violence Prevention Act
A Court May Issue a Mutual Domestic Violence Restraining Order Under the Domestic Violence Prevention Act Only if Both Parties Have Filed for Such Relief
Parties May Not Contract Away the Change-of-Circumstances Requirement for Child Support Modifications
The Standard for Normal Family Law Custody Modification Applies to a Petition for Termination of Guardianship
The Court Need Not Find Bad Faith Before it Can Consider a Parent’s Ability to Earn in Setting the Amount of Child Support
A Spouse’s Subjective Motivation for Reducing Available Income is Irrelevant to the Divorce Court’s Ability to Consider a Payor’s Earning Capacity in Determining Child Support
A Spouse May Not Sue Former Spouse for Breach of Promise to Marry in Civil Courts. The Divorce Court has Jurisdiction to Divide Property Associated with the Marriage
A Change in the Economic Situation of the Parties Since the Initial Spousal Support Order May Result in a Decrease of the Spousal Support Obligation
Court Orders Regarding Child Custody, Child Support, or Visitation Survive the Termination of Any Protective Order
A Spouse May Not be Compelled to Work Past the Usual Retirement Age of 65 to Pay Spousal Support Obligations that Were Ordered During the Supporting Spouse’s Employment
A Spouse is Entitled to Receive their Fair Value of Community Property in Addition to Spousal Support Awarded at the Divorce Court’s Discretion
The Court of Appeal in Orange County Ruled that a Change in the Form or Size of a Separate Property Business During Marriage Does Not Change its Character from Separate to Community Property
A Spouse with a Bonafide Motive for Reducing their Income May Use the Change in Circumstances as a Basis for Reducing their Spousal Support Obligation
The Court of Appeal in Orange County Ruled that Speculative Noncompetition Agreements Should Not be Considered in Business Valuation
A Child Support Order Does Not Automatically Terminate on the Death of the Custodial Parent, Even if the Supporting Parent Assumes Child Custody
A Separation Agreement Will Not be Voided as Promotive of Divorce If the Parties Had Previously Decided to Divorce
The Separate Property Investment in a Separate Property Business is Entitled to a Reasonable Rate of Return
A Self-Represented Party Against Whom a Premarital Agreement is Sought to be Enforced Must Also be Advised in Writing and Sign a Written Waiver Regarding the Relinquishment of Rights to a Lawyer
A Determination of a Material Change of Circumstances Relative to a Modification of a Spousal Support Obligation is Dependent on the Intent and Reasonable Expectations of the Parties as Expressed in their Divorce Agreement
In Determining Child Support, a Parent May be Credited with Time the Parent is Not Physically with the Child, if they Have Primary Physical Responsibility of the Child
Conduct that Disturbs the Peace of the Other Party, or that Places the Party in Reasonable Apprehension of Imminent Serious Bodily Injury, Supports a Request for a Restraining Order Under the Domestic Violence Prevention Act
Service of Preliminary Disclosure is Not Required if Agreement Predates the Filing of Petition for Divorce
A Divorce Court Acts in Excess of its Jurisdiction by Entering a Mutual Restraining Order Without Making Statutorily-Required Findings of Fact that Both Parties Acted as Aggressors and that Neither Party Acted in Self-Defense
The Copyright Act Expressly Provides for Co-Ownership as Well as Transfer of All or Part of a Copyright
The Requirement that a Party Against Whom a Pre-marital Agreement is Sought to be Enforced May or May Not Apply if the Party Has Been Represented by a Lawyer Since the Outset of Negotiating the Premarital Agreement
A Divorce Court Cannot Determine a Child Support Order Based on Including Prior Cash Advances as Current Income
A Couple’s Date of Separation Occurs When Either of the Parties Does Not Intend to Resume the Marriage and His or Her Actions Signal the Finality of the Marital Relationship
A Divorce Court May Consider a Couple’s Savings in Determining the Appropriate Marital Standard of Living and Spousal Support Obligation
A Renewal of a Domestic Violence Restraining Order Must be Predicated on the Protected Party’s “Reasonable Apprehension” of Future Abuse
Reduction in Employment Income Alone May Not Constitute a Material Change in Circumstances for Child Support Where a Parent Has Other Income Producing Assets and the Ability to Pay
The Court of Appeal in Orange County Held That a Party Need Not Prevail on All Issues in Order to Receive An Award of Attorney’s Fees From a Joined Party
A Divorce Court Should Not Calculate the Purported Rental Value of a Mortgage-Free House as Non-Taxable Income for the Purpose of Calculating Child Support but Should Instead Consider the Mortgage-Free Housing Value as a Special Circumstance
The Court of Appeal in Orange County Ruled that Husband Breached His Fiduciary Duty to Wife When He Made an Undisclosed and Unauthorized Contribution of Community Funds to a Self-Directed Trading Account
Reasonable Proof of a Past Act or Acts of Abuse Warrants a Restraining Order Under the Domestic Violence Prevention Act
The Court of Appeal in Orange County Ruled that Only Slight Evidence is Necessary to Bifurcate the Issue of Marital Status
The Effectiveness of a Domestic Violence Restraining Order Under the Domestic Violence Prevention Act is a Satisfactory Reason to Permit its Renewal
A Reasonable Fear of Future Abuse Is Key in Determining Whether to Grant a Renewal of a Domestic Violence Restraining Order
A Court is Authorized to Enter an Order to Transfer Title Pursuant to a Stipulation in Proceedings Under the Domestic Violence Prevention Act
Evidence Must be Sufficient to Support the Issuance of a Restraining Order Under the Domestic Violence Prevention Act Naming Minor Children as Protected Persons
The Burden on a Non-Custodial Parent to Prevent a Move Away is to Show that the Move Would be Detrimental to the Child
Evidence Showing that a Party Intentionally or Recklessly Caused, or Attempted to Cause, Serious Bodily Injury, or Reasonable Apprehension of Imminent Serious Bodily Injury, Constitutes Abuse Under the Domestic Violence Prevention Act
Family Courts Have Jurisdiction to Renew Domestic Violence Restraining Orders Under the Domestic Violence Prevention Act Initially Granted by Juvenile Courts
A Court Has No Authority to Require Disbursement of Retirement Benefits Other Than as Set Forth in the Pension Plan
A Protective Order Under the Domestic Violence Prevention Act is Warranted if a Failure to Make the Order Would Jeopardize the Safety of the Party Seeking the Protective Order
A Family Law Court Abuses its Discretion in Granting a Child Custody Order if there is No Reasonable Basis on Which it Could Conclude that its Decision Advanced the Best Interests of the Children
A Protected Party Seeking a Renewal of a Domestic Violence Restraining Order Need Not Have a Fear of Future Physical Abuse
A Divorce Court May Not Base A Child Custody Order on the Relative Economic Circumstances of the Parties
The Family Law Court May Not Exercise its Discretion by Treating Spousal Support as Gross Income Which the Legislature Has Excluded from Gross Income
A Finding of Domestic Abuse Sufficient to Support a DVPA Restraining Order Triggers the Rebuttable Presumption that an Award of Custody of a Child to a Person Who has Perpetuated Domestic Violence is Detrimental to the Best Interest of the Child
A Court May Not Enforce an Arbitration Clause for a Dispute Arising Out of a Separate Business Transaction With a Client When the Clause Does Not Explain What Disputes are Covered
Court Rules that a Contract Between Husband and Wife that Provides for a Payment of Liquidated Damages if One of Them is Sexually Unfaithful to the Other is Unenforceable
A Lump-Sum Severance Payment is Not to be Considered Compensation that is Allocated to a Single Month by a Divorce Court
A Non-Custodial Parent Has a “Very High” Burden When Seeking a Change in Child Custody and a Move Away
In a Business Valuation Apportionment Matter, a Divorce Court May Utilize a Hybrid Pereira / Van Camp Approach
Divorce Court May Utilize a Written Stock Agreement’s “Minority Interest” Discount for Business Valuation
Proceeds Received from Sale of Stock in Business Were Not Included as Income for Support Purposes When They Were Reinvested
Courts May Take into Consideration Circumstances Under Family Code Section 2032 to Determine a Party’s Ability to Pay Attorney Fees and May Include Gifts as Support or Income in Determining a Party’s Ability to Pay Attorney Fees
A Criminal Conviction of Domestic Violence Shall be Considered by a Divorce Court in Determining the Amount of a Spousal Support Award Order
A Custodial Parent Who Has the Practical Day-To-Day Responsibility of a Child Will be Credited Time-Share Hours for Day Care
A Premarital Agreement Written for a First Marriage Did Dot Apply to Property and Support Issues Arising from the Parties’ Second Marriage to Each Other
The Orange County Court of Appeal Ruled that a Divorce Court has no Jurisdiction to Modify a Spousal Support Award’s Duration if There is Express Language of Termination
A Premarital Agreement that Provides for Payment of $100,000 Upon Dissolution is Reasonable Considering the Parties’ Circumstances
Only Evidence After the Initial Divorce Judgment is to be Considered in Determining a “Material Change in Circumstances” in Regards to Spousal Support
In an Orange County Superior Court Divorce, Husband Breached His Fiduciary Duty to Wife When He Made Undisclosed, Unauthorized Transfers of Community Funds to a Self-Directed Trading Account
A Parent May be Sanctioned for Bringing a Frivolous Claim with the Divorce Court for Either Improper Motive or Indisputably Having No Merit
A Default Divorce Should not be Granted Where (1) Service is Improper, (2) a Party’s Divorce Attorney Fails to Represent Him or Her, or (3) Where a Party’s Attorney Takes Unfair Advantage of the Other Side
A Permanent Order is to be Based Upon Circumstances Existing at Trial. A Change of Circumstances Occurring Between the Time of the Pendente Lite Order and the Trial is Irrelevant to a Determination of the Amount of Spousal Support
A Premarital Agreement that Limits Spousal Support and Virtually All Rights Acquired by Marriage is Contrary to Public Policy
In Determining the Amount of a Spousal Support Order a Divorce Court May Consider the Previous Marital Standard of Living Along with Other Circumstances. The Marital Standard of Living is Not the Sole Determinative Factor
A Party’s Right to Retain a Contingent Portion of an Employment Bonus for a Client List Brought to a New Firm is Community Property
A Party’s Failure to Perform Obligations Under a Premarital Agreement May be a Defense to Enforcing the Premarital Agreement
In Determining Child Support Orders, a Divorce Court May Impute the Fair Market Value of Rental Properties to Parent’s Income
In Determining a Permanent Spousal Support Award, a Divorce Court Must Exercise its Independent Judgment and Not Simply Comply With the Support Guideline Formula
Parties Who Do Not Regularly Reside in the Same Household Cannot be Considered “Cohabitants” Within the Meaning of the Domestic Violence Prevention Act
In Determining Whether Spousal Support Will Continue a Divorce Court Shall Consider the Totality of the Circumstances
The Divorce Court Does Not Have Jurisdiction to Order a Parent to Create a Trust Account as a Form of Child Support Payments
The Divorce Court Found that Conclusory Accusations Do Not Constitute Evidence Sufficient to Support a Finding of Abuse
The Mental Capacity Required to File for Legal Separation is Much Lower than the Mental Capacity Required to Enter Contracts
The Divorce Court Has the Power to Order a Spouse to Pay or Deliver Property to a Third Party to Ensure Payment is Executed
The Divorce Court May Apportion the Increase in the Value of a Separate Property Business Using a Compromise Formula
Noncompliance of a Party or Court Clerk With Statutory Notice Requirements Does Not Render a Judgment Void
Divorce Court May Award Percentage of Parent’s Future Bonuses as Child Support and Spousal Support Payments
A Non-Party Does Not Have to be Joined as a Party in a Divorce Proceeding for the Sole Purpose of a Temporary Restraining Order to Issue Against It
A Divorce Court May Choose to Calculate Marital Standard of Living Based on the Combined Marriage Income Versus Community’s Expenditures
The Orange County Divorce Court Erred by Using the Husband’s Temporary Support Obligation Figure to Establish Permanent Spousal Support
A Parent Does Not Have the Right to Divest Themselves of their Earning Ability at the Expense of their Children or Former Spouse
Divorce Courts Cannot Make Decisions Relative to Move Away Cases Based on the Relative Incomes of the Parties
A Divorce Court May Exclude Recurrent Gifts from Income for Calculating Child Support where the Gifts Come from a Non-Family Member and the Party Does Not Work for the Gift
The Divorce Court May Grant Temporary Spousal Support Pending the Final Determination of an Out-of-State Divorce
A Parent Who Stipulates to Being Able to Pay Any Reasonable Child Support Order May be Ordered by the Divorce Court to Pay Above the Child’s Demonstrated Necessities
A Divorce Court May Impute Income to a Parent Where the Parent Voluntarily Divested Himself of Earning Capacity Required to Pay Child Support
A Divorce Court May Not Consider a Recipient Spouse’s Support of an Adult Child when Determining the Spouse’s Need for Spousal Support Purposes
A Divorce Court Must Give Effect to the Parties’ Mutual Intent Relative to the Interpretation of a Marital Settlement Agreement that is Incorporated into a Stipulated Judgment of Divorce
If a Spouse Fails to or Delays in Seeking Gainful Employment, a Divorce Court May Deny a Request to Increase a Spousal Support Order
A Divorce Court Need Not Accept Tax Returns Provided by a Party if the Presumption of Correctness is Rebutted
If Wife Foregoes an Investigation Into the Marital and Separate Property Assets and Accepts a Settlement Agreement, She May Not Later Avoid the Agreement Unless There has Been a Misrepresentation or Concealment of the Facts
The Divorce Court is Not Required to Take New Evidence and Continually Redistribute Community Assets Until a Judgment is Formally Entered
Incentive Stock Options and Non-Qualified Stock Options are Considered Part of Parent’s Total Compensation Package for Support Determination Purposes
A Divorce Court Should Not Terminate Jurisdiction Over Spousal Support Unless the Record Clearly Indicates the Supported Spouse Will be Self-Sufficient by that Date
The Issuance of a Mutual Restraining Order Under the Domestic Violence Prevention Act Requires that a Party Acted Primarily as an Aggressor, and Not in Self-Defense
Joinder of Attorney in a Family Law Matter Was Mandatory When Making Orders Re: Validity of Family Law Attorney Real Property Lien (FLARPL)
The Domestic Violence Prevention Act Was Enacted to Protect Domestic Partners from Abusive Conduct that Causes Severe Emotional Distress
Joinder of Third Parties in a Divorce Proceeding Who Claim an Interest in Contested Property Was Proper
The Evidence Code Section 621 Presumption of Paternity Does Not Automatically Apply to Every Paternity Case
Evidence of Mental Abuse May be the Basis for an Order for Protection Under the Domestic Violence Prevention Act
A Judge in Family Law Court, Whether Successor or Predecessor, Has Continuing Jurisdiction to Modify A Sealing Order
Judgment Spousal Support May Not be Retroactive to the Date the Petition was Filed Unless the Spouse Had Previously Requested Temporary Spousal Support
A Failure to Request Attorney’s Fees Does Not Result in a Forfeiture of the Ability to Seek Attorney’s Fees After a Family Law Court Issues a Domestic Violence Restraining Order
Per Family Code Section 4251 a Parent’s Failure to Object Prior to the Hearing Before the Second Commissioner Precludes Him from Seeking De Novo Review by a Judge
Final Child Custody Orders may be Modified Only if a Substantial Change of Circumstances is Demonstrated
A Finding of Domestic Violence Is Not a Prerequisite for Awarding Spousal Support Under the Domestic Violence Prevention Act
