California Legal Brief

The Rule of In re Marriage of Capos is that a family law order establishing child support arrears is not void for lack of due process when the requesting party clearly stated the relief sought in supporting documentation attached to the formal request, under circumstances where the opposing party received actual notice and filed a substantive response on the merits.

The Rule of Sheerer v. Panas is that a trial court must include all bonus income and restricted stock units (RSUs) in calculating child support under the uniform statewide guideline formula, under circumstances where a parent receives such variable compensation and the court has not made proper findings to deviate from the presumptively correct guideline amount.

The Rule of In re Marriage of Danielle and Lewis Allen is that parents are precluded from contractually waiving or forgiving past due child support arrearages even after the child has reached the age of majority and there is no longer a current support order in place, under circumstances where the obligor seeks to enforce an accord and satisfaction agreement for less than the full arrearage amount.

The Rule of In re Marriage of LaShelle and Nicholas Capos is that a judgment awarding child support arrears is not void for lack of due process when the requesting party clearly states the relief sought in supporting documents and the opposing party files a responsive pleading addressing the merits, under circumstances where boxes relating to child support on judicial council forms are not checked but the specific relief is nonetheless plainly articulated in accompanying declarations.