In 1985, the father of two children was ordered to pay child support, which he did until the mother of the children, his former wife, disappeared with the children, moved out of state and changed the children’s names. The father did not see the children again for 15 years, almost their entire minority. In 1998, […]
Parents May Limit Court’s Jurisdiction In Adult Child Support Order, But They Didn’t Limit It Here.
When a couple divorced in 2001, they reached an agreement to equally split the future college expenses for their three minor children. Eleven years later, their daughter began incurring significant expenses, but by then the [former] wife was disabled and had an income of less than $23,000/year; whereas, the [former] husband’s income was over $400,000. […]
A Valentine Noncompetition Issue.
In a divorce proceeding, the court awarded the community business to the husband and issued an order restraining the wife from working in the same business, anywhere, for five years. The appellate court discussed that an agreement restraining someone from engaging in a lawful occupation is void pursuant to statute [Business and Professions Code section 16600], […]
Spousal Support When Domestic Violence Restraining Order Pending.
The trial court denied a wife’s request for spousal support pending the resolution of her application for a restraining order. Family Code section 6341(c) states in part: “If . . . no spousal support order exists, after notice and a hearing, the court may order . . . spousal support . . . the court shall […]
Notice And Hearing Required Before Court May Order Sanctions.
In Marriage of Duris (Cal. App. Second Dist., Div. 6; March 14, 2011) 193 Cal.App.4th 510, [123 Cal.Rptr.3d 150], the court conducted a hearing on a motion to modify child support. At the conclusion of the hearing, the court ordered the moving party to pay $10,000 in sanctions because of “unnecessary legal activity.” The Court of Appeal reversed. […]
Fiduciary Duty Of Disclosure: Pretty Soon They’ll Be Talking About Real Money.
A male lawyer and a female married in 1985. In 2000, he entered into an “of counsel” relationship with a law firm specializing in securities litigation which entitled him to a referral fee of 10 percent in a class action. In 2003, the couple separated and the two entered into a marital settlement [MSA] agreement in […]
United States Supreme Court Issues Proposition 8 Opinion.
On June 26, 2013, the Supreme Court of the United States issued its ruling on the Proposition 8 matter in an opinion authored by John Roberts, Chief Justice of the United States. After first noting the public is currently engaged in an active political debate over whether same-sex couples should be allowed to marry, the high […]
Court May Not Deny Custodial Parent Permission To Move.
When a parent seeks to move away from the area where the other parent, with joint custody, resides, the court should not determine whether that custodial parent is permitted to move. Rather the inquiry should assume the custodial parent will move and determine, using the child’s best interest as a guide, whether the move should require […]
First Wife Joined Second Wife In Dissolution Proceeding.
A first wife alleged her former husband fraudulently transferred property to his second wife, so the first wife joined the second wife as a third party to the dissolution proceeding and moved for attorney fees under Family Code section 2030, subdivision (d), [“Any order requiring a party who is not the spouse of another party to […]
Child Abduction Custody Case Involving Member Of Military Not Moot.
In an action involving the International Child Abduction Remedies Act [ICARA; 42 U.S.C. 11601], a member of the U.S. Army filed for divorce shortly after he returned from deployment to Afghanistan. His wife, a citizen of Scotland was deported and took their child with her after a federal district court concluded the child’s habitual residence was […]