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| 4/29/2010 |
| Wife Not Liable for Husband’s Post-separation Debt |
A California Appellate Court has ruled that Trial Court erred by entering a judgment against Wife for hospital and medical expenses incurred by Husband during separation that were not assigned to her by the divorce judgment. In the case of C.M.R.E. Financial Services, Inc. v. Parton, Wife called police on February 16, 2006, and told them that Husband had inflicted domestic violence on her. Not lon
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| 4/7/2010 |
| Child Objects to Being Returned to Chile |
A California Court of Appeals has ruled that Trial Court did not err by basing its denial of Mother’s Hague Convention petition on an eight year-old child’s objections to being returned to habitual residence in Chile. In the case of Escobar v. Flores, unmarried Mother and Father were living in Mammoth Lakes (ML) when their Child was born on August 5, 2000, in Reno, Nevada. In March of
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| 4/2/2010 |
| Parents Can’t Be Forced to Move to Another Country |
A Federal Court has ruled that a divorce provision requiring a parent to move with the parties’ children to Israel if the other parent moved there cannot be enforced through Hague Convention petition if the non-moving parent refuses to comply. In the case of Barzilay v. Barzilay (Barzilay II), Mother and Father, both Israeli citizens, were married in Israel in 1994. Their first child was bor
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| 3/3/2010 |
| Can’t Impute Income to Parent on Welfare |
A California Appellate Court has ruled that Trial Court did not err by failing to impute income to Mother who was participating in CalWORKs program when it ordered child support modification. Furthermore, the Appellate Court has ruled that Trial Court did not run afoul of the Elkins Commission by refusing to let Father cross-examine Mother at the hearing because neither party requested oral testim
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| 1/19/2010 |
| I.R.S. Form 8332 Needed to Claim Child on Taxes |
A Tax Court has ruled that non-custodial Father is not entitled to claim dependency exemption because custodial parent Mother failed to complete I.R.S. Form 8332 releasing the exemption and the divorce judgment, which Father attached to return, does not contain substantially same information. In the case of Thomas v. Commissioner, when Arizona resident (Father) was divorced from Mother in June of
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| 12/18/2009 |
| Parent Thrown in Jail for Not Paying Child Support |
In the case of United States v. Davis, Father and Mother lived together, during their relationship, in mobile home park with their two daughters (one born in 1990, and another one born in 1992). Mother and Father separated in 1996, and again in 1998. At that time, Mother and Daughters began living with Mother’s parents on their farm in Watkins, Iowa. On January 28, 2000, Iowa Trial Court ent
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| 12/1/2009 |
| Husband’s Porsche Was Not a Gift to Himself |
A California Appellate Court has ruled that a Trial Court was wrong in ruling that a Porsche vehicle purchased during the parties’ marriage with Wife’s separate property funds (but treated by Husband as gift to him) was Husband’s separate property. In re Marriage of Buie and Neighbors, Husband and Wife were married in 1999. Sometime thereafter, Husband paid $60,000 for a 2001 Por
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| 11/25/2009 |
| Bigamist Husband Gets Half of Wife’s Property |
A California Appellate Court has ruled that Trial Court correctly determined that Mother and Father had putative marriage because Mother did not know that Father was already married when she married him and she had good-faith belief in validity of their marriage for over 30 years. Therefore, property that Mother acquired during the parties’ marriage was quasi-marital property and is subject
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| 11/10/2009 |
| Officers Justified in Removing Child from Her Home |
In the case of Burke vs. County of Alameda, 14 year-old daughter of divorced parents (Mother and Father) ran away from home with a 19 year-old male friend on June 21, 2005. Mother and Daughter’s stepfather promptly called Alameda County Sheriff’s Office to report Daughter as a runaway. During their investigation, Sheriff Officers heard "something about Step-Father having sexually
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| 11/9/2009 |
| Mom Waited Too Long for Spousal Support Increase |
A California Appellate Court has ruled that a supported spouse must file a request for spousal support modification within a reasonable time after child support order terminates. In the case of In Re Marriage of Kacik, Mother and Father were married in June 1983. They separated in May of 1999, and began divorce proceedings. On June 8, 2001, Trial Court entered their stipulated divorce judgment tha
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| 11/6/2009 |
| Penalty on Late Support Discharged in Bankruptcy |
A Federal Circuit Court has ruled that a provision in a Marital Settlement Agreement that provided for a $50-per-day payment for each day that Husband was late in paying spousal support is in nature of penalty and not in support and thus, it can be discharged in Husband’s Chapter 13 bankruptcy action. In the case of In re Smith, Husband and Wife were married on April 20, 1986. They separated
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| 11/3/2009 |
| Mom Was Not Wrong in Leaving Australia with Kids |
A Federal Appellate Court has ruled that the lower court was not wrong in denying Father’s Hague Convention Petition because Mother had no settled purpose to change the parties’ Children’s habitual residence from United States to Australia, and Children had not become acclimated during their brief time in Australia. In the case of Maxell vs. Maxwell, Mother and Father were marrie
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| 10/6/2009 |
| Father's New Wife's Income Can't be Considered |
A California Appellate Court has ruled that Father’s new wife’s income cannot be included in his income when calculating his child support obligation and that only Father’s income must be considered. In the case of In re Marriage of Knowles Father and Mother became parents of one child during their marriage. When they divorced, Trial Court awarded them equal custody of their chil
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| 9/22/2009 |
| Mother Is Entitled to See Father's Medical Records |
A California Appellate Court has ruled that the Trial Court made a mistake in quashing Mother’s subpoena of Father’s medical records where Father waived physician-patient privilege and that Father’s constitutional right of privacy is outweighed by the compelling state interest in protecting children’s best interests. In the case of Manela vs. Superior Court (Manela), Father
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| 9/15/2009 |
| Husband Can't Write off Divorce Attorneys' Fees |
A U.S. Tax Court has ruled that legal expenses incurred in connection with Husband’s divorce and appeals are not deductible, but attorneys’ fees incurred in attempt to collect rents from community property in ex-wife’s bankruptcy are deductible. In the case of ESTATE OF MELCHER V. COMMISSIONER, Husband, son of famous "singer, actress, and animal welfare advocate," marri
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| 9/4/2009 |
| Son Wrongfully Taken to Greece Gets to Stay in US |
In the case of ASVESTA vs. PETROUTSAS, Father, who held a dual U.S. and Greek citizenship, married Mother, a Greek citizen, on March 10, 2002 in Watsonville, California. They settled in Capitola, California, where Mother gave birth to their Son in 2005. By late 2005, marital problems had arisen, apparently due to Mother's wish to move to Greece immediately and Father's desire to wait awhile.
On
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| 8/4/2009 |
| Birth Certificates Can Be Amended to Gain Benefits |
In the case of WYNN V. SUPERIOR COURT, Mother became pregnant in 1950. She successfully hid her pregnancy from friends and family. After she gave birth to daughter, she did not put her real name on Child's birth certificate and gave a false name for Child's biological father. Mother gave Child same fictitious last name that she claimed for herself, but signed her real name on the birth certificate
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| 2/26/2009 |
| Grandmother's Help Considered Income to Father |
In a partial reversal, a California Appellate Court has ruled that (1) a Trial Court had the authority to order child-support payments reduced despite a clause in the parties' Marital Settlement Agreement that made child support "absolutely non-modifiable downward," and (2) Trial Court did not err by considering Father's recurring gifts of money from his mother as income in its child-sup
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| 2/25/2009 |
| Father's Girlfriend Can't Seek Custody of His Kids |
A California Appellate Court has ruled that a non-parent who sought custody of children who lived with her during her relationship with their father lacked the legal standing to be joined in an inactive custody action between the children’s parents. In the case of SCOTT V. SUPERIOR COURT, Mother and Father had three children together, who were born in 1997, 1998, and 1999. In 2000, Father be
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| 11/19/2008 |
| Challenge to Proposition 8 Begins |
On November 19, 2008, California Supreme Court requested briefing in response to petitions for writ of mandate filed in three cases challenging constitutionality of Proposition 8, which added Section 7.5 to article I of the California Constitution. Section 7.5 reads: “Only marriage between a man and a woman is valid or recognized in California.” In response to these petitions, Attorney
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| 11/5/2008 |
| Parents Should be Removed from Child Abuse List |
A Federal District Court has ruled that California’s maintenance of Child Abuse Central Index, as set forth in Child Abuse and Neglect Reporting Act, violates the Constitution’s 14th Amendment due-process clause because people whose names are listed “are not given a fair opportunity to challenge the allegations against them.” In the case of HUMPHRIES VS. COUNTY OF LOS ANGEL
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| 10/21/2008 |
| Father in Jail Doesn’t Have to Pay Child Support |
California Appellate Court rules that incarcerated Father is not exempt from child support obligation, but Trial Courts may reserve judgment on amount of child support order and suspend that obligation until Father has sufficient income to pay it. In the case of EL DORADO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES VS. NUTT, Father was sentenced in 1997, under three-strikes law to serve 50 years t
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| 9/29/2008 |
| More New Laws Affecting California Family Law Act |
California Governor Schwarzenegger has signed more legislation that will affect family law cases in California. These bills affecting California family law will be effective January 1, 2009: AB 1679: Paternity actions. California Family Code §7643(b) permits parties and their attorneys to inspect papers and records that are part of permanent record in paternity actions, but otherwise those pa
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| 9/22/2008 |
| New Laws Affecting California Family Law Act |
California Governor Arnold Schwarzenegger signs legislation that will affect family law cases. Following bills affecting family law and related cases have been signed into law (effective January 1, 2009, except as noted): SB 1255: Child custody. California Family Code §3041.5, which authorizes Trial Courts to order person seeking custody of, or visitation with, child to undergo testing for il
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| 9/15/2008 |
| Husband Punished for Providing for Wife if He Dies |
A California Appellate Court has ruled that documents prepared as part of estate planning constituted valid transmutation of Husband’s separate property to community property because they contained language that expressly stated that characterization of property was being changed. In the case of IN RE MARRIAGE OF HOLTEMANN, Husband and Wife during their marriage jointly retained an attorney
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| 9/3/2008 |
| Wife Should Have Paid Taxes on Her Spousal Support |
A U.S. District Court has ruled that the U.S. Tax Court correctly relied on state law to determine whether spousal support payments would end at payee’s death where Marital Settlement Agreement (M.S.A.) was ambiguous on that point. In the case of JOHANSON V. COMMISSIONER, Husband and Wife were divorced in 1996, after 30 years of marriage. Their M.S.A. provided, among other things, that Husba
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| 8/8/2008 |
| Parents’ Decision to Home-school Is Over-turned |
A California Appellate Court has ruled that California statutes permit home-schooling as a type of private schooling, but compelling state interest in preserving children’s safety means that Juvenile Court may constitutionally override parents’ right to home-school their children if necessary for the children’s safety. In the case of JONATHAN L. V. SUPERIOR COURT (L.A. COUNTY DEP
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| 7/30/2008 |
| Husband’s Infidelity Is Grounds for Annulment |
A California Appellate Court has ruled that a Trial Court did not err by granting an annulment of marriage on grounds of fraud where Husband purposely deceived Wife into believing that he would be faithful to her, but carried on sexual relationship with Wife’s sister before and during marriage. In the case of IN RE MARRIAGE OF RAMIREZ AND LLAMAS, Husband, immigrant from Michoacan, Mexico, ap
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| 7/25/2008 |
| Retired Mom Not Imputed Income for Child Support |
A California Appellate Court has ruled that a Trial Court was not wrong in refusing to impute an income to Mother where the only evidence to support Father’s request for imputation was Mother’s testimony that she had retired early and that her statement regarding income that she earned prior to retirement. In the case of IN RE MARRIAGE OF BARDZIK, Mother and Father were divorced in 199
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| 7/11/2008 |
| Father’s Parental Rights Appropriately Terminated |
A California Appellate Court has ruled that evidence of abandonment is sufficient where Father left his child with Mother, paid de minimus support for the child, and failed to seek visitation while in prison or after his release for more than one year. In the case of ADOPTION OF ALLISON C., Mother, who was married to Father’s brother (Husband), conceived a child (Child) with Father in 2000.
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| 7/8/2008 |
| Mother Properly Sanctioned by Trial Court |
A California Appellate Court has ruled that a Mother failed to prove that Trial Court erred by (1) refusing to grant her a continuance to replace withdrawn counsel and to award her attorneys’ fees on oral motion made after Trial Court denied that request, and (2) imposing total sanctions of $64,000 on her for pursuing meritless contempt action and a motion for a new trial. In the case of IN
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| 7/1/2008 |
| Child Resides with Parent in Whose Home He Sleeps |
Internal Revenue Service has issued a final regulations clarifying the rule for counting nights that child spends with each parent for purposes of claiming dependency exemption where parents are divorced. On July 1, 2008, IRS issued a final regulation clarifying “counting nights” rule used to identify custodial parent for purposes of claiming dependency exemption. Under Internal Revenu
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| 5/23/2008 |
| Judge’s Actions Entitles Father to Another Trial |
A California Appellate Court has ruled that Trial Court deprived Father of his constitutional right to due process and fair trial by displaying impatience with his attorney, repeatedly threatening mistrial, and ending the trial while Father’s attorney was questioning Father’s expert witness. In the case of IN RE MARRIAGE OF CARLSSON, Father and Mother were married for 16 years. During
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| 5/15/2008 |
| Gays Have the Right to Marry in California Now |
In a landmark and precedent setting case, the California Supreme Court has ruled, in a 4-3 majority decision, that California statutory provisions (California Family Code §300 and §308.5) are unconstitutional to the extent that they limit marriage to opposite-sex couples and exclude same-sex couples from access to designation of marriage. In multiple cases all consolidated under the case
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| 5/12/2008 |
| Husband Leaving His Assets to Wife Gets Screwed |
A California Appellate Court has ruled that documents prepared as part of estate planning constituted valid transmutation of Husband’s separate property to community property because they contained language that expressly stated that characterization of property was being changed. In the case of IN RE MARRIAGE OF HOLTEMANN, Husband and Wife were married on June 21, 2003. During their marriag
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| 5/12/2008 |
| Mom Gets to Say What She Wants about Dad |
A California Appellate Court has ruled that a Trial Court’s preliminary injunction precluding Mother from putting “false and defamatory statements” and “confidential personal information” about Father on the Internet and contacting his employer is vague, overbroad, and invalid prior restraint on Mother’s constitutional right of free speech. In the case of EVANS
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| 5/6/2008 |
| Gays Can Plead Good Faith in Their Partnership |
In a reversal, the California Appellate Court has ruled that the putative-spouse doctrine applies to domestic partners who intended to register their partnership and had reasonable good-faith belief that registration occurred, but who failed to properly complete the registration process. In the case of IN RE DOMESTIC PARTNERSHIP OF ELLIS AND ARRIAGA, committed partners P and R signed a declaration
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