IAAL--CA Landmark Decision

[Grandma B]

That was quite a "child" support decision your state had this week. Another good reason for not procreating?

 

[HomeGuru]

What an unusal term, procreate.
Many people aren't pro's at all and they don't know if they's a coming or going.

 

[I AM ALWAYS LIABLE]

That was quite a "child" support decision your state had this week. Another good reason for not procreating?

My response:

There have been three interesting decisions in the last 10 days or so on this subject. Which one were you referencing ?

Thanks.

IAAL

 

[Grandma B]

Ventura Co. Superior Court: Culp

Parents ordered to pay $3,500/mo to 50 year old son (family law attorney) who suffers from depression and bipolar disorder

 

[I AM ALWAYS LIABLE]

Ventura Co. Superior Court: Culp

Parents ordered to pay $3,500/mo to 50 year old son (family law attorney) who suffers from depression and bipolar disorder

My response:

Oh, the Culp case. So far, it's not an officially reported case because it was only a Superior Court decision - - not an appellate decision. I was thinking of 3 other appellate decisions that came down in the last 10 days.

But, that case is really not unusual; at least for me. This type of support happens all the time, usually for a physically handicapped adult child. The only thing really unusual about Culp is that he has a handicap that "we" can't see. I've seen 35 and 40 year old's obtain child support. Even still, the law in California is clear - - both parents have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means. The duty to support a child who is incapacitated from earning a living and without sufficient means does not terminate when the child reaches 18; the duty continues regardless of age. [Family Code, section 3910(a)]

IAAL

 

[Ukiah]

Hey IAAL,

What decisions were these? And where / when can we see the print up of the case law?


Ukiah

 

[I AM ALWAYS LIABLE]

Hey IAAL,

What decisions were these? And where / when can we see the print up of the case law?


Ukiah

My response:

Right now, they're in "Slip Opinion" form, and have not yet been given "official" volume numbers as of this time. It usually takes a few weeks for that to happen.

The decisions were only mildly "interesting"; not earth shattering, and certainly not, by any stretch of the imagination, "Landmark" decisions. "Troxel", for example, is an example of a "Landmark decision". These are not. But, they were "good enough" to be ordered by the appellate court to be printed in the Official Reports (Case law) by expanding on or explaining current statutes and previous case law. Not every case that is ordered to be printed in the Official Reports is "Landmark" in nature.

You'll be getting your updated disc, which will include squibs of information on new cases, in the next month or two.

IAAL

 

[Ukiah]

IAAL,

Thank you. I'll be looking forward to it.

Ukiah