California Divorce Blawg

Parents Cannot Waive Child Support Obligation

The California Court of Appeals reaffirmed that parents may not, by mutual agreement, waive their obligations toward their children.  Click here to read the opinion.

Case Law Development: QDROs and Surviving Spouse Benefits

In an extremely clear and well-written opinion, the 9th Circuit Court of Appeals holds that assignment of pension rights through a QDRO does not also assign surviving spouse benefits unless it specifically and clearly says so.  The court comments that: "Without a doubt, the details required in a QDRO present a drafting morass for the lawyer. We recognize the concern expressed by courts and commentators that the failure of domestic relations lawyers to "navigate the treacherous shoals" of ERISA may harm potential beneficiaries. Metropolitan Life Ins. Co. v. Wheaton, 42 F.3d 1080 (7th Cir. 1994) (noting that "ideally, every domestic relations lawyer should be conversant with ERISA, but it is unrealistic to expect all of them to be")"  Click here for more.

'Array of groups' join same-sex marriage fight

More than 250 religious and civil rights groups and individuals have filed eight friend-of-the-court briefs urging the state Court of Appeals to end state laws denying same-sex couples the right to marry.

Among the scores of groups that filed the papers Monday are the National Association for the Advancement of Colored People, the California Council of Churches, the Asian Pacific American Legal Center, La Raza Centro Legal, People for the American Way Foundation, and the Disability Rights Education and Defense Fund.

"Never before has such a diverse array of groups stepped forward to call for an end to the unfair treatment faced by same-sex couples and their families when they are denied the ability to marry," NAACP California Conference President Alice Huffman said in a recent news release.

The Court of Appeals is considering San Francisco Superior Court Judge Richard Kramer's March 2005 ruling that California laws banning same-sex marriage serve "no rational purpose" and unconstitutionally deny same-sex couples equal protection under the law. The appeals court probably will hear oral arguments in the case sometime this spring.   Click here for more.

Succesful movie producer is not a business to be divided at divorce

Donna Dubrow and John McTiernan were married in November 1988. John’s career as a movie director had been decent before then, but it was during the marriage that John became “very successful,” earning “six- to high seven-figure compensation per film” directing such “blockbusters” as Die Hard  and The Hunt for Red October. Donna also worked in the business, earning $195,000 a year as a production company executive; she lived in her own home in Brentwood. After marriage, Donna occasionally acted as an independent producer, mostly with John’s participation, but sometimes without it.  But thens went sour.  The couple divorced, and Donna wanted her portion of John's business goodwill,i.e., she wanted some money for the increase in his earning potential that occured during the marriage.  In a significant decision the Court of Appeal denied Donna's request, holding that only a business can have goodwill, and an individual.  Thanks to CFLR.com for this article.  Click here for more.

Charlie Sheen and Denise Richards File Papers Asking a Private Judge to Handle Their Divorce

Lawyers for Charlie Sheen and Denise Richards filed legal papers Wednesday asking a private judge to handle their divorce, Sheen's publicist said. "They asked the court to go to a private arbitrator. They want to keep it private," publicist Stan Rosenfield said. He wouldn't comment further.  Richards' publicist, Cheryl Maisel, also confirmed the filing but refused to elaborate.

The papers, filed in Los Angeles Superior Court, requested that the case be taken out of court and assigned to retired commissioner Jill S. Robbins.Richards filed for divorce in March after three years of marriage. The relationship appeared to dissolve in the public eye just months before the 34-year-old actress gave birth to the couple's second child, Lola. They also have an older daughter, Sam.  Click here for more.