April 2025 Family Law Update

General MCLE Credits: 0.75
Family Law LSCLE Credits: 0.75
38 minutes

Marriage of Freeman. For a Moore / Marsden calculation, the community’s interest of the property is determined as of the date of separation; and the value determined as near as practical to the time of trial per FC 2552. For support, it is error to use Xspouse to calculate spousal support, but not error to use its calculations for other purposes (e.g. to show how the order will affect the parties’ net spendable income)

Marriage of DeBenedetti and Ensburg. A Party’s separate property interest in a qualified retirement plan may be used to satisfy an award under Family Code §1101(g)

Marriage of A.M. and R.Y. “[A] trial court has discretion to deny a DVTRO to a petitioner who has made a prima facie showing of past abuse if it reasonably concludes based on the totality of the circumstances that a DVTRO is not necessary to protect the petitioner or others for whom the petitioner is seeking protection from further acts of domestic violence pending the noticed hearing.”

Marino v. Rayant. Unless there is a statutory exception or the request is related to discovery motion / materials, litigants in all types of civil actions must comply with Rules 2.550 and 2.551 to seal records. As part of the requirement, must show there is a substantial probability [more than reasonably likelihood] that the interest will be prejudiced absent closure and/or sealing.

Winter v. Menlo. Whether an attorney received confidential information “material to the matter” from a prospective client is determined, for purposes of disqualification, based on the materiality at the time the court considers the disqualification, not at the time of receipt.

Nazaryan v. Femtometrix. An individual [not just the issuing entity] can be held liable for damages under IRC Section 7434 claim arising from the issuance of a fraudulent information return (K1, 1099)