The trial court declined to issue a domestic violence restraining order for two reasons. First, it determined that mental abuse was insufficient, and, second, that past physical abuse was insufficient. The court of Appeal reversed. With regard to mental abuse, the appellate court stated: “In this case, the testimony that the trial court did permit […]
“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.
The trial court ordered a former wife to pay her former husband $151,967 and his new wife $124,352 both as sanctions under Family Code section 271 and to pay for their attorney fees pursuant to Family Code section 2030. The trial court described the proceedings as a “morass of litigation, the primary purpose of which was to ruin [former husband and his new wife] financially.”
In this case, the 24-year-old son has Tourette’s syndrome and attention deficit hyperactivity disorder, which make it difficult for him to focus on a task. The evidence on his employability, however, is sparse. The trial court found the “child” lacks sufficient means, and even if he could obtain minimum wage work he could not reach his parents’ standard of living.
Failure To Launch.
A man’s child was emancipated when he turned 19 years old. The son was diagnosed with attention deficit hyperactivity disorder, psychotic disorder, oppositional defiance disorder and cannabis abuse.
“Most American Children Suffer Too Much Mother And Too Little Presumed Father,” Gloria Steinem.
By statute, a person is presumed to be the natural father of a child if he shows by a preponderance of the evidence that he received the child into his home and openly held the child out as his own. [Fam.Code § 7612 (a).] Here, the mother conceived the child through artificial insemination by an […]
It’s A Sad Day When A Father Doesn’t Want To Support His Children.
The appellate court affirmed a trial court’s exercise of discretion to impute income to a father pursuant to Family Code § 4058(b). The appellate court also affirmed the trial court’s child support order because substantial evidence supports the trial court’s findings the father had the ability and opportunity to keep his job, that his termination […]
New Child Support Law In California Family Law.
In Jackson v. Jackson (1975) 51 Cal.App.3d 363, [124 Cal.Rptr. 101], the court held that in a marital action, when a couple switched custody, and the children went to live with the father, California law would allow credit to the father for the child support he rendered to the children while they were in his […]
No Causation In Legal Malpractice Action.
A woman, who was born in the USA, began living with a man in 1998. Without the benefit of a marriage license, in 2000, they participated in a traditional Hmong marriage ceremony. They signed numerous documents, filed tax returns indicating they were married and had two children. In 2009, the woman filed a petition for […]
Spousal Support With Lavish Lifestyle Ended When Couple Separated.
An unemployed married couple lived the high life with monthly expenses averaging $45,000, thanks to subsidies by the husband’s parents, who deducted the money from their son’s expected inheritance. When the couple separated, the husband’s annual income was about $99,000, and the trial court ordered him to pay monthly permanent spousal support of $2,000 and […]
Life Insurance Policy In Dissolution Of Marriage Proceeding.
During a 20-year marriage, the husband used community property funds to purchase an Life Insurance Policy on his life, naming his wife as the policy’s only owner and beneficiary. The trial court ruled the Life Insurance Policy was community property because it was acquired during the marriage with community funds. The trial court awarded the Life […]