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Does a Trial Court’s Jurisdiction To Make Child Support Orders Survive The Dissolution/Termination Of A Temporary Restraining Order?

Posted on March 16th, 2013

Yes. In the case of Moore v. Bedard (2013) ____ Cal. App. 4th ___, in 2006, Wife requested domestic violence restraining orders to protect her from Husband who is the father of their three children.  Her request for DVPO’s also asked for child custody, visitation and child support orders that would modify orders entered in 2002.  A TRO was issued… READ MORE

Can Child Custody Evaluator Or Evaluator’s Report Be Set Aside:

Posted on March 12th, 2013

In the recent case of Marriage of Adams & A, (2012) ___ Cal. App. 4th ___, on appeal, the Appellate Court determined that the Child Custody Evaluator (“Expert”) (i.e. Evid. Code 730 Expert) took a biased approach against the father evidenced through the recommendations of unreasonable burdens placed on the father to spend time with the child. The result of… READ MORE

Effect Upon Spousal Support When Ex-Spouse Conducts A “Commitment Ceremony” Rather Than A Wedding With New Mate:

Posted on March 12th, 2013

Ex-husband was paying spousal support to ex-wife and filed a motion to terminate his spousal support order because his ex-wife and her new mate had a “commitment ceremony.”  Normally, upon the remarriage of the supported spouse, the other party’s duty to continue to pay support is automatically terminated. The Court of Appeals held that in In Re Marriage of Left,… READ MORE

Does The Trial Court Have The Ability To Modify A Temporary Support Order Retroactively:

Posted on March 12th, 2013

In 2011, the California Court of Appeals in In Re Marriage of Gruen, (2011) 191 CA4th 627, held that the Trial Court lacked jurisdiction to retroactively modify a temporary spousal support order retroactively upon receipt of additional information. From a practical standpoint, the court needs to enter temporary support orders to maintain the status quo. As a result, without the… READ MORE

Default Judgments Must Match Divorce Petition Relief Sought

Posted on February 25th, 2013

Default Judgments  – Trial Courts Must Carefully Examine Petitioner’s Complaint A default judgment in dissolution of marriage cases is a judgment attained when the respondent does not respond to the case and the petitioner files a request with the court to move forward in the case without the respondent’s involvement.  The word “default” is literally defined as a defendant’s (in… READ MORE

Bias in Custody Evaluations

Posted on November 6th, 2012

When a Child Custody Evaluator Proves to Maintain a Bias, He or She Must be Removed and any Orders Therefrom Must be Vacated In the recent matter of  Irmo Adams & A. (2012) (CA 4/3 – Opinion filed October 16, 2012), a 2008 stipulated divorce judgment provides for shared legal custody of the parties’ son and puts a scheduled parenting plan… READ MORE

When Are Stock Options Considered For Child Support

Posted on September 28th, 2012

Can Child Support Take Your Stocks? Generally, if a parent receives stock options as part of their compensation package with their company, then the Court may consider it income available for determining support. IRMO Cheriton, (2001) 92 Cal. App. 4th 269. The Court’s application of this holding varies significantly based on the circumstances of your case.  Generally, there is a… READ MORE

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