The Mellor Law Firm, APLC

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“The Primary Purpose . . . Was To Ruin [Former Husband And His New Wife] Financially.” The Trial Court.

December 31, 2015 by

terminating sanctions 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.”

Filed Under: Appellate Law News, Attorney's Fees News, Damages Law News, Divorce Law News, Family Law News, Legal News, Sanctions Law News Tagged With: § 2030, § 271, 242 Cal.App.4th 529, Fam.Code § 2030, Fam.Code § 271, Family Code section 2030, Family Code section 271, section 2030, section 271

Similar Case.

December 15, 2015 by

child support

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.

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News Tagged With: § 3910, 241 Cal.App.4th 1277, Fam.Code § 3910, Family Code section 3910, section 3910

Failure To Launch.

December 15, 2015 by

child emancipation - family law attorney

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.

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News Tagged With: § 3910(a), 194 Cal.Rptr.3d 252, Cal.App.4th 934, Fam.Code § 3910(a), Family Code section 3910(a), section 3910(a)

“Moving On Is Easy. It’s Staying Moved On That’s Trickier.” Katerina Stoykova Klemer.

September 19, 2015 by

separate property

Family Code section 771, subdivision (a), provides that earnings and accumulations of a spouse while living separate and apart from the other spouse are separate property of the spouse. In this case, the couple was separated but still living in the same home. The Court of Appeal concluded Family Code section 771, subdivision (a), requires […]

Filed Under: Appellate Law News, Family Law News, Legal News Tagged With: § 771(a), 189 Cal.Rptr.3d 835, 352 P.3d 401, 61 Cal.4th 846, Fam.Code § 771(a), Family Code section 771 subdivision (a), section 771, subdivision (a)

Family Code § 852 Must Be Satisfied Before Joint Title Transmutation Presumption Of Family Code § 2581 Applies.

August 20, 2015 by

Transmutation

In their divorce, the wife contended there was a community property interest in a partnership which was owned by the husband for years prior to the marriage for which the partnership agreement was modified during the marriage to state the husband and wife were both owners. In creating a joint title presumption, Family Code section […]

Filed Under: Appellate Law News, Family Law News, Legal News Tagged With: § 2581, § 852, 188 Cal.Rptr.3d 484, 237 Cal.App.4th 921, Fam.Code § 2581, Fam.Code § 852, Family Code § 852 Must Be Satisfied Before Joint Title Transmutation Presumption Of Family Code § 2581 Applies., Family Code section 2581, Family Code section 852, section 2581, section 852

Order Changing Custody Of Children Reversed.

August 20, 2015 by

Custody

The Court of Appeal issued a peremptory writ in the first instance after the court issued a modification order changing custody to the noncustodial parent, thereby requiring the minor children to move in the middle of the school year from their California home to the noncustodial parent’s home in Alabama. The appellate court said the […]

Filed Under: Appellate Law News, Children Law News, Family Law News, Legal News Tagged With: 188 Cal.Rptr.3d 432, 237 Cal.App.4th 894

“Most American Children Suffer Too Much Mother And Too Little Presumed Father,” Gloria Steinem.

May 6, 2015 by Leave a Comment

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 […]

Filed Under: Appellate Law News, Children Law News, Divorce Law News, Family Law News, Legal News

Does Application Of The “Honest Belief” Defense To A CFRA Claim Deprive An Employee Of An Unwaivable Statutory Right?

April 8, 2015 by Leave a Comment

Honest Belief

In Richey v. AutoNation, Inc. (Cal. Sup. Ct.; January 29, 2015) 60 Cal.4th 909, [182 Cal.Rptr.3d 644, 341 P.3d 438], the California Supreme Court sidestepped the issue of whether an arbitrator’s presumably erroneous interpretation of the Moore-Brown-Roberti Family Rights Act (CFRA) deprived an employee of an unwaivable statutory right. The plaintiff employee was fired by defendant […]

Filed Under: Appellate Law News, Employment Law News, Family Law News, Legal News

It’s A Sad Day When A Father Doesn’t Want To Support His Children.

February 26, 2015 by Leave a Comment

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 […]

Filed Under: Appellate Law News, Divorce Law News, Family Law News, Legal News

New Child Support Law In California Family Law.

February 18, 2015 by Leave a Comment

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 […]

Filed Under: Children Law News, Divorce Law News, Family Law News, Legal News, Ninth Circuit Court of Appeal Law News

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Recent News

5 Questions to Ask Before Hiring a Real Estate Lawyer

June 6, 2022 By Mark Mellor

Are you in the process of buying or selling a home? If so, then you may need to hire a real estate lawyer. While there are many lawyers who practice real estate law, not all of them are created equal. You need to find one that has the experience and qualifications that you … Read More...

Legal Options for Bankruptcy

May 31, 2022 By Mark Mellor

Debt is a stressful thing affecting many Americans. Some are choosing to file for bankruptcy to take action against their debt. Bankruptcy can be a complex and confusing process, so in this blog, we will break down the finer details so that you can make the best decision for … Read More...

Are You Dealing With a Breach of Contract?

May 17, 2022 By Mark Mellor

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

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The Mellor Law Firm, APLC
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10.0Mark Albert Mellor

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