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Court Applied Wrong Standard in Move-away Case


Court Applied Wrong Standard in Move-away Case
California Fourth District Court of Appeals has ruled that a Trial Court failed to apply the correct standard in denying Mother’s request to move with the parties’ Child to..
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Wife Can Sue Husband for Domestic Violence


Wife Can Sue Husband for Domestic Violence
A California Appellate Court has ruled that a Trial Court’s consideration of Wife’s claim of domestic violence in making its spousal support order does not preclude Wife from pursuing..
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Husband Liable to First Wife Even after Death


Husband Liable to First Wife Even after Death
A California Court of Appeal has ruled decedent’s second wife is personally liable to his first wife for continuing spousal support payments up to the fair market value of..
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Wife with Dementia and Alzheimer Can Get Divorced


Wife with Dementia and Alzheimer Can Get Divorced
A California Appellate Court ruled that Trial Court erred by dismissing a divorce case sua sponte on the basis that the dismissal would be in the best interests of..
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Father Can’t Claim Children on His Taxes


Father Can’t Claim Children on His Taxes
United States Tax Court has ruled that although a divorce judgment entitled Father to claim dependency exemptions for his two children, he may not do so because Mother refused..
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Home Belongs to Both Despite Wife Signing a Deed


Home Belongs to Both Despite Wife Signing a Deed
Distinguishing the cases of In re Marriage of Haines and Mathews, a California Appellate Court has ruled that a Trial Court did not err in finding that the family..
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Father with Custody Must Still Pay Child Support


Father with Custody Must Still Pay Child Support
A California Appellate Court has ruled that a Trial Court did not err in declining to order severe cut in child support payments where Father was a very high..
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California Supreme Court Will Hear Prop. 8 Case


California Supreme Court Will Hear Prop. 8 Case
On Tuesday, September 6, 2011, California Supreme Court will hear oral arguments in the case of Perry v. Brown, S189476, from 10:00 am to 11:00 am in the Supreme..
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Best Interest Finding Required When Parent Moving


Best Interest Finding Required When Parent Moving
A California Court of Appeals has ruled that a Trial Court erred by issuing an order denying a Mother’s motion to relocate with the parties’ child and maintaining the..
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Spousal Support Waiver in Prenuptial Is Valid


Spousal Support Waiver in Prenuptial Is Valid
A California Appellate Court has ruled that a Trial Court was wrong in applying California Family Code Section 1612(c), retroactively to invalidate a spousal support waiver in a prenuptial..
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Recent Changes in California Related to Family Law


Recent Changes in California Related to Family Law
New bills (effective January 1, 2011, unless otherwise indicated) made important changes to existing family law statutes: AB 1050 (Ch 187, Ma) Child’s preference as to custody..
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Mother Is Sanctioned for Her Attorney’s Conduct


Mother Is Sanctioned for Her Attorney’s Conduct
A California Court of Appeals has ruled that Trial Court did not make a mistake by denying Mother’s motion for California Family Code Section 271 sanctions and granting Father’s..
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Father Should Have Been Allowed to Move with Child


Father Should Have Been Allowed to Move with Child
A California Appellate Court has ruled that a Trial Court was wrong in denying Father’s motion to move to Washington State with the parties’ minor child because it unduly..
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Back Child Support Loses to Father’s Fraud Victims


Back Child Support Loses to Father’s Fraud Victims
A California Appellate Court has ruled that a Trial Court did not err in concluding that Mother’s claim for child support arrearages did not have priority over the restitution..
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Wife must Pay Attorneys’ Fees for Breach of Duty


Wife must Pay Attorneys’ Fees for Breach of Duty
A California Appellate Court has ruled that Trial Court erred by refusing to award attorney’s fees to Husband under California Family Code Section 1101(g) for Wife’s violation of her..
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Support is Non-dischargeable in Bankruptcy


Support is Non-dischargeable in Bankruptcy
A Bankruptcy Appellate Court has ruled that a Bankruptcy Trial Court did not make a mistake in ruling that monthly support payments were non-dischargeable in Father’s bankruptcy because they..
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Mother Able to Terminate Father’s Parental Rights


Mother Able to Terminate Father’s Parental Rights
A California Court of Appeals has ruled that a Mother has standing to petition the Trial Court, under California Family Code Section 7841(a), to free child from parental custody..
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Registration of Marriage Certificate Not Required


Registration of Marriage Certificate Not Required
A California Appellate Court has ruled that under pre-California Family Law Code law, registration of the marriage certificate was not required in order to make valid a marriage that..
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U.S Court Can’t Decide Case When Father Stole Kids


U.S Court Can’t Decide Case When Father Stole Kids
A California Court of Appeal has ruled that a Trial Court made a mistake by including children in the D.V.P.A. restraining order that was granted to Mother and by..
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