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:
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:
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
When Does A Domestic Partnership Need To Be Filed To Perfect A Partner’s Interest In Retirement Benefits:
In the case of Burnham v. CalPERS, (2012) 208 Cal. App. 4th 1576, the parties did not register their domestic partnership during the lifetime of one of the partners. The Court of Appeal ruled that if a domestic partnership is not registered with the Secretary of State until after the passing of one of the partners, the subsequent filing will… READ MORE
What is a “Richmond Order” For Purposes of Spousal Support & Can The Time Certain Be Extended:
The case of Marriage of Richmond, (1980) 105 Cal.App.3d 352 generally holds that the Court has jurisdiction to set step down of spousal support payable to the supported spouse on a date certain. Within that order, the Court will indicate that the supported spouse has the burden to prove thereafter, that such order should not be reduced based on the… READ MORE
Does The Trial Court Have The Ability To Modify A Temporary Support Order Retroactively:
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
Does A Child Support Order In A Paternity Case Terminate Upon The Marriage Of the Parents:
The short answer is yes. In the case of Marriage of Wilson & Bodine, (2012) 207 Cal. App. 4th 768, a child support order was previously set through a paternity case when the parties had a child together prior to marriage. The parties subsequently married. Therefore, the obligee (parent receiving child support) sought to enforce the years of unpaid child… READ MORE
Default Judgments Must Match Divorce Petition Relief Sought
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
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
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