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Name Category Published
In re Brace
Evidence Code Section 662 does not apply when it conflicts with the Family Code Section 760 community property presumption. 		Family Law CASC Jul. 24, 2020
Marriage of Hein
Claiming a depreciation deduction on an income tax return does not require an outlay of cash, and thus, does not reduce funds available for child support. 		Family Law 5DCA Jul. 23, 2020
McCord v. Smith
Credibility determinations are the province of the trial court when determining whether substantial evidence supports issuance of a restraining order. 		Family Law 4DCA/3 Jul. 1, 2020
In re Marriage of Carolyn Mullonkal and Sithaj Kodiyamplakkil
Community should be reimbursed for community expenditures made during marriage towards wife's education loans even though wife paid for all expenses during marriage because otherwise, wife would receive windfall. 		Family Law 3DCA Jul. 1, 2020
Lak v. Lak
Garnishment five percent rule requires obligors with no income receiving SSDI payments to also satisfy the SSI resource test. 		Family Law 4DCA/3 Jun. 16, 2020
Nicole G. v. Braithwaite
Domestic Violence Prevention Act authorizes ordering restrained parties to move out of property while protected party resumes residence. 		Family Law 2DCA/8 Jun. 5, 2020
Marriage of Gutierrez
Trial courts may reasonably rely on context of proceedings to interpret orders when considering partitions and requested reimbursements. 		Family Law 2DCA/8 May 8, 2020
Marriage of Mohler
Trial court erred in increasing community's interest in property under 'Moore/Marsden' to compensate community for appellant occupying property post-separation. 		Family Law 4DCA/2 Apr. 15, 2020
Jennifer K. v. Shane K.
Domestic Violence Restraining Order correctly denied because punching refrigerator did not place appellant in reasonable apprehension of serious bodily harm. 		Family Law 1DCA/2 Apr. 9, 2020
Curcio v. Pels
Appellant's Facebook post, expressing opinions of appellee, did not rise to disturbing someone's peace under Domestic Violence Prevention Act to justify issued restraining order. 		Family Law 2DCA/3 Mar. 31, 2020
Marriage of Everard
Mutual protective order properly granted because sufficient evidence proved history of physical violence. 		Family Law 4DCA/1 Mar. 31, 2020
J.M. v. W.T.
Trial court abused its discretion in denying plaintiff's request for continuance due to spinal surgery; thus, denial of protective order was reversed. 		Family Law 2DCA/5 Mar. 27, 2020
M.G. v. Superior Court (Orange County Social Services Agency)
Welfare and Institutions Code's statutory preference towards parental reunification can only be overcome by preponderance of state's evidence showing that reunification would be detrimental. 		Family Law 4DCA/3 Mar. 18, 2020
Marriage of Grimes and Mou
Loan from former spouse's family was deemed community debt because the funds were incurred during marriage and commingled with other community assets. 		Family Law 6DCA Feb. 21, 2020
Marriage of Brewster and Clevenger
Wife did not produce 'documented evidence' to prove husband committed domestic violence against her; thus, she did not rebut presumption against ordering spousal support to spouse convicted of domestic violence. 		Family Law 6DCA Feb. 21, 2020
Marriage of Deluca
Payments are deductible from income available for support following a finding that the payment reasonably and legitimately reduces the spouse's net income available for support. 		Family Law 4DCA/1 Feb. 18, 2020
County of Los Angeles Child Support Services Dept. v. Watson
The defendant bears the burden to show he was not intentionally evading service of his child support petition; the trial court's payment reduction was improper, absent such a showing. 		Family Law 2DCA/7 Dec. 2, 2019
Marriage of Pasco
Trial court abused its discretion by basing its decision on appellant's request for an order solely on argument of counsel and respondent's unsworn statements in response to court's questions. 		Family Law 3DCA Nov. 27, 2019
Marriage of McKean
The trial court abused its discretion when it cited the changed circumstances rule to modify child custody orders after only one questionable incident of neglect. 		Family Law 4DCA/3 Nov. 12, 2019
County of Los Angeles v. Christopher W.
Those who are biologically responsible for the child's existence should bear the burden of the expense that its existence necessitates, regardless of another person performing fatherly duties. 		Family Law 2DCA/1 Nov. 5, 2019
Marriage of Deluca
Property was community property because contract transferring title to husband from his sister did not operate as instrument of devise that changed property from his sister's inherited property to his inherited property. 		Family Law 4DCA/1 Nov. 1, 2019
Marriage of Lee and Lin
A spouse can demonstrate conduct consistent with intent to dissolve a marriage with acts such as moving from the family home, ceasing holiday celebrations, and ceasing vacations. 		Family Law 6DCA Nov. 1, 2019
In re M.S.
Imperial County Department of Social Services did not establish unknown whereabouts of minor's mother to support juvenile court setting a Welfare and Institutions Code Section 366.26 hearing. 		Family Law 4DCA/1 Oct. 31, 2019
Marriage of Bittenson
After Family Law Attorney's Real Property Lien is recorded, Family Code Section 2034(c) vests the family law court with jurisdiction to resolve any dispute arising from its existence. 		Family Law 2DCA/6 Oct. 23, 2019
Marriage of Goodwin-Mitchell and Mitchell
Judgment of nullity based on fraud under Family Code Section 2210(d) must be reversed because the parties continued to cohabit long after husband's infidelity was discovered. 		Family Law 1DCA/3 Sep. 26, 2019
In re A.E.
Under California Penal Code Section 361.5(c)(2), reunification services will not be provided if by clear and convincing evidence it is not in the child's best interests. 		Family Law 4DCA/2 Aug. 23, 2019
S.C. v. G.S.
Under Family Code Section 3603 and 2692, child support payments may not be modified retroactively and trial courts lack the authority to make such modifications. 		Family Law 6DCA Aug. 12, 2019
In re E.W.
California court was not divested of jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act Section 3422(a)(1) because mother failed to establish all required conditions. 		Family Law 2DCA/8 Jul. 31, 2019
Marriage of Ankola
Family Code Section 6305(a)(1) precludes the court from granting a mutual restraining order unless both parties appear before the court and submit evidence with the mandatory form. 		Family Law 6DCA Jun. 21, 2019
Greiner v. Keller
Family Code Section 4062 requires trial court to order award for childcare costs related to parent's reasonably necessary education or training to secure fully self-supporting employment; thus, denial of request reversed. 		Family Law 1DCA/3 Jun. 18, 2019
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