Family Law Lawyers Bakersfield CA | When Husband Owes Rent to Wife
A California Court of Appeals has ruled that Watts charges [a party having sole use of both parties’ community property asset, i.e., home, after separation can be charged for that party’s sole use, i.e., reasonable rental value of the home] may be ordered against Husband where Husband lived in his separate property house after the […]
Wife Not Entitled to an Amount of Support Sufficient to Maintain the Marital Standard of Living
A California Court of Appeals has ruled that Trial Court was not wrong by concluding that the funds in the parties brokerage account were a marital community loan from Mothers parents (not a gift) or by ordering stepped-down spousal support payments that were not in an amount sufficient to maintain the marital standard of living. […]
Woman Who Had Sex With Minor Is Not Entitled to Spousal Support
A California Court of Appeals has ruled that a trial court properly denied spousal support to Mother who inflicted domestic violence on her children and caused them psychological damage through her conviction and incarceration for unlawful sexual conduct with a minor (one of their friends). In the case of In re Marriage of Schu, Mother […]
Family Law Bakersfield CA Regarding Annulment of Marriage
In the case of In re Marriage of Goodwin-Mitchell and Mitchell, Wife helped her Jamaican first husband obtain his green card, their marriage ended in divorce. In January 2015, she met another Jamaican (Husband) online, and they began dating over the internet. Husband told Wife that he wanted to come to the U.S., live with […]
Father must Pay Half of Daycare Costs Even If Mother’s Choice to Further Her Education Is Voluntary and Not Required by Her Employer
In reversal of a Trial Court, a California Court of Appeals has ruled that California Family Code Section 4062 permits an award of childcare costs to a parent who is currently employed with marketable skills, but seeks to improve those skills through education in order to become self-supporting and not need public assistance. In the […]
Father Allowed to Talk about the Divorce Case and Bad-mouth Mother on Facebook
A California Court of Appeals has ruled that wording in a Domestic Violence Prevention Act restraining order that prohibits Father from posting anything about the parties divorce on Facebook is an overbroad and invalid prior restraint on Fathers constitutional right of free speech and must be removed from the order. In the case of Molinaro […]
Husband is the Father of the Child and Not the Biological Father Who Was Wife’s Boyfriend
A California Court of Appeals has ruled that a Trial Court was not wrong in concluding that biological father who sought to establish a parental relationship with his biological child did not qualify as her presumed father because he failed to receive her into his home as required by California Family Code Section 7611(d). In […]
Pre-Nuptial Agreement Drafted by Husband Not Enforceable Against Him Because He Didn’t Have an Attorney & Seven Days to Review It
A California Court of Appeals has ruled that a pre-nuptial agreement initially drafted by Husband, but later revised by Wife’s attorney, is not enforceable against Husband, who was not represented by an attorney and did not have at least seven days to review the final version before he signed it. The Court also ruled that […]
Husband Investing Community Funds Without Telling Wife Breached His Fiduciary Duty to Her
A California Court of Appeals has ruled that a Trial Court was not wrong when it concluded that Father breached his fiduciary duty to Mother by transferring funds in excess of the amount to which Mother agreed into an Ameritrade account, without Mothers knowledge, and then losing several million dollars in unsuccessful trades. The Appellate […]
Party Wanting to Change Custody Must Show Changed Circumstances
A California Court of Appeals has ruled that Trial Court was not wrong in finding that lack of changed circumstances defeated Mothers request for change of custody. It has further held that prior judges comments regarding what could constitute changed circumstances in connection with permanent custody orders are not binding on the judge who presides […]