• Aloy (1985) 38 C3d 413, 212 CalRptr 162, 696 P2d 656.  Attorney's alleged malpractice in failing to claim community property interest in pre-Fithian I military pension is jury question.

• Andreen (1978) 76 Cal App3d 667, 143 CalRptr 94.  Failure of underlying assumptions of a spousal support award may constitute change of circumstances justifying modification.

• Aufmuth (1979) 89 CalApp3d 446, 152 CalRptr 668.  Post-separation increase in value of corporate stock is community-property increase in corporate value, not earnings of a spouse

• Aylesworth (1980) 106 Cal App3d 869, 165 CalRptr 389.  Order that wealth non-custodial parent pay child's private school tuition not based solely on ability to pay where son needed special care not provided in public school; court could refuse to order private school for second child with no similar special needs.

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• Baragry (1977) 73 Cal App3d 444, 140 CalRptr 779.  Husband's contacts with Wife and family home supported finding of date of separation 4 years later than husband alleged; separation date is a factual questions.

• Beam (1971) 6 C3d 12, 98 CalRptr 137, 490 P2d 257.  Increase in value of community property is presumed to be community property; community property living expenses must be deducted from community property income to determine amount of community property left for acquiring assets.

• Birnbaum (1989) 211 CalApp3d 1508, 260 CalRptr 210.  Order modifying "co-parenting residential arrangement" is not change of custody requiring finding of changed circumstances.

• Bouquet (1976) 16 Cal3d 583, 128 Cal Rptr 427, 546 P2d 1371.  Amended §5118 may be applied retroactively to render Husband's earnings and accumulations before amendments effective date his separate property

• Brown (1976) 15 Cal3d 838m 126 CalRptr 633, 544 P2d 561.  Nonvested pension benefits earned during marriage are divisible community property

• Buol (1985) 39 Cal3d 751, 218 CalRptr 31, 705 P2 354.  Retroactive application of CC §4800.1 to case on appeal on statute's effective date unconstitutionally denied due process

• Burchard (1986) 42 Cal3d 531, 229 CalRptr 800, 724 P2d 486.  "Changed circumstances" rule inapplicable where there is no prior judicial custody determination

• Burgess (1996) 13 CA4th 25, 51 CalRptr 444, 913 P2d 473.  Custodial parent who wishes to move with child (for good faith reason) need not prove move is necessary; standard is child's best interest

• Burlini (1983) 143 CalApp3d 65, 191 CalRptr 541.  Court should rely on Family Code § 4320(a)-(j) factors in setting permanent spousal support rather than county temporary spousal support guidelines

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• Carrieres (9 Cir 1977) 552 F2d 1350.  Pre-1985 division of community property where some separate property was used to equalize division was tax-free if taxable event occurred only to separate property portion.

• Catalano (1988) 204 CalApp3d 543, 251 CalRptr 370.  Parties' standard of living during marriage not applicable to child support modification; child support must consider high-earning non-custodian parent's "stated wealth," not just child's needs.

• Cueva (1978) 86 CalApp3d 290, 149 CalRptr 918.  No rule that attorney fees exceeding 3% of value of community property would be unreasonable.

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• Damico (1994) Cal4th 673, 29 CalRptr 2d 787, 872 P2d 126. 

• Davis (1962) 370 US 65.  Transfer of appreciated separate property to spouse to settle marital claims was taxable to transferor (pre-DRTRA)

• Dawley (1976) 17 Cal3d 342, 131 CalRepr 3. 551 P2d 323.  Premarital agreements are not against public policy

• Duke (1980) 101 CalApp3d 152, 161 CalRptr 444.  Court must defer sale of family home where adverse effects on in-spouse/kids from sale not outweighed by economic detriment to out-spouse.

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• Epstein (1979) 24 Cal3d 76, 154 CalRptr 413, 592 P2d 1165.  Post-separation payments on community debts from separate property are reimbursable to paying spouse.

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• Fabian (1986) 41 Cal3d 440, 224 CalRptr 333, 715 P2d 253.  Application of Civil Code Section 4800.2 to cases pending on its effective date is unconstitutional impairment of vested rights.

• Fithian II (1977) 74 CalApp3d 397, 141 CalRptr 506.  Spouse may be held in contempt for failing to divide property in kind with spouse per court order; court can order one party to endorse community property check and pay funds into court.

• Fonstein (1976) 17 C3rd 38, 131 CalRptr 873, 552 P2d 1169.  Error for trial court to consider potential tax consequences in valuing and dividing community property assets.

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• Ganschow (1975) 14 CalApp3d 150, 120 CalRptr 865, 534 P2d 705.  Pre-March 4, 1972 child support order that continues suppport until majority is enforceable until child reaches 21.

• Gillmore (1981) 29 C3d 418, 174 CalRptr 493, 629 P2d 1.  Nonemployee spouse may elect immediate distribution of CP share of vested retirement benefits although employee spouse elects not to retire at earliest retirement age

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• Hebbring (1989) 207 CalApp3d 1260.  Reversible error to retain jurisidiction over spousal support in short-term marriage where spouses are self-supporting.

• Heikes (1995) 10 C4th 1211, 44 CalRptr 155.  Retroactive application of Family Law Code Section 2460 to property acquired before January 1, 1984 is unconstitutional violation of due process. 899P2d1349                                                 

• Henn (1980) 26 C3d 323, 161 CalRptr 502, 605 P2d 10.  Community assets not divided in dissolution may be partitioned in separate civil action.

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• Imperato (1975) 45 CalApp3d 432, 119 CalRptr 590. Corporation in which one spouse holds all shares may be treated as sole proprietorship, and post-separation increase in value treated as shareholder spouse's separate property

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• Kulko (1978) 435 US 87.  No personal jurisdiction per state's long-arm status over family law respondent absent sufficient minimum contacts between respondent and the state.

• Kumar (1982) 32 C3rd 689, 186 CalRprt 772, 652 P2d 1003

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• Lester (1961) 366 US 299

• Lucus (1980) 27 C3d 808, 166 CalRptr 853, 614 P2d 285

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M

• Marsden (1982) 130 CalApp 3d 426, 181 CalRptr 910

• Marvin I (1976) 18 C3d 660, 134 CalRptr 815, 557 P2d 106

• McCarty (1980) 453 US 210.  Supremacy clause in U. S. Constitution precludes states from dividing military pensions in state divorce proceedings.

• Mix (1975) 14 C3d 604, 122 CalRptr 79, 536 P2d 479.  "Separatizer" must prove sufficient separate property funds were available at time of purchase and he/she intended to and did use separate property funds for purchase.

• Moore (1980) 28 C3d 366, 168 CalRptr 622, 618 P2d 208

• Morrison (1978) 20 C3d 437 143 CalRptr 139, 573 P2d 41

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• Norton (1988) 206 Cal App3d 53, 253 CalRptr 354
  Family Code Sec. 271 fees OK where position is unreasonable, but court may not impose a sanction constituting an unreasonable financial burden.

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• Olson (1980) 27 C3d 414, 165 CalRptr 820, 612 P2d 910

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P

• Pereira (1909) 156 C 1, 103 P 488

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• Richmond (1980) 105 Cal App3d 352, 164 CalRptr 381

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• See (1966) 64 C2d 788, 51 CalRptr 888, 415 P2d 776

• Silberg (1990) 50 C3d 205, 266 CalRptr 638, 786 P2d 365, (mod) 50 C3d 343a

• Smith v. Lewis (1975) 13 C3d 349, 118 CalRptr 621, 530 P2d 589
  Attorney liable for malpractice for failure to assert community property claim to retirement benefits despite legally unclear nature of issue of whether the benefits were divisible.

• Stenquist I (1978) 21 C3d 779, 148 CalRptr 9, 582 P2d 96

• Stevenot (1984) 154 Cal App 3d 1051, 202 CalRptr 116
  Not extrinsic fraud justifying default set-aside where husband advised wife not to seek attorney but did not conceal assets or prevent wife from pressing claim.

• Sullivan (1984) 37 C3d 762, 209 CalRptr 354, 691 P2d 1020
  Community has reimbursable interest in one spouse's professional education where parties separated before community could reap benefits from education.

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• Tammen (1976) 63 Cal App 3d 927, 134 CalRptr 161
  Promissory note taken to equalize property division must be discounted and valued at current market value of a promissory note

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• Van Camp (1921) 53 Cal App 17, 199 P 885
  Community efforts in running separate property business entitled to fair compensation; balance of increase is separate property.

• Van Hook (1983) 147 Cal App3d 970, 195 CalRptr 541
  Trial court may enjoin third party from levying on community property pending dissolution provided bond is required

• Vomacka (1984) 36 C3d 459, 204 CalRptr 568, 683 P2d 248
  If right to request spousal support continues to a date certain, court has jurisdiction to extend support beyond that date

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• Watts (1985) 171 Cal App 3rd 366, 217 CalRptr 301
  OK to order one spouse to reimburse community for exclusive use of community property residence and community property business from date of separate to date of trial.

• Wilson (1988) 210 Cal App3d 913, 247 CalRptr 522
  OK to terminate spouse support, despite payee's disability, in short marriage

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• Zlatnik (1988) 197 Cal App3d 1284, 243 CalRptr 454
  Error to extend spousal support when stipulated order contains explicit termination language.

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