guideline requirement (California) · Go Syfert
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guideline requirement in California

5 California opinions name it 1 courts 1973–1998 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
In Re Marriage of Norvallgreen
calctapp · 1987 · cited in 1 California opinions naming this issue, 1997–1997
2 sentences

1997(See In re Marriage of Norvall (1987) 192 Cal.App.3d 1047, 1059-1060 [ 237 Cal.Rptr. 770 ] [the judge has “some discretion to adjust awards to reflect how costs are being shouldered by each parent [and] a judge can ensure that an inequitable result does not occur from the purely mechanical calculation of the mandatory minimum award”].) Since Gibbs sought the modification of the presumptively correct child support order, it was his burden to establish application of the formula would be unjust or inappropriate. (§ 4057, subd. (b).) Gibbs failed to meet his burden in the instant case.

1997(See In re Marriage of Norvall (1987) 192 Cal.App.3d 1047, 1059-1060 [ 237 Cal.Rptr. 770 ] [the judge has “some discretion to adjust awards to reflect how costs are being shouldered by each parent [and] a judge can ensure that an inequitable result does not occur from the purely mechanical calculation of the mandatory minimum award”].) Since Gibbs sought the modification of the presumptively correct child support order, it was his burden to establish application of the formula would be unjust or inappropriate. (§ 4057, subd. (b).) Gibbs failed to meet his burden in the instant case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Estevez v. Superior Court green
calctapp · 1994
2 sentences

1998The presumption may be rebutted when the parent being ordered to pay support has an “extraordinarily high income.” Estevez v. Superior Court (1994) 22 Cal.App.4th 423 [ 27 Cal.Rptr.2d 470 ] holds that once the guideline presumption has been rebutted in this manner, an extraordinarily high earning parent who offers to pay any reasonable amount of court-ordered child support does not need to provide detailed financial discovery to the other parent.

1998The presumption may be rebutted when the parent being ordered to pay support has an “extraordinarily high income.” Estevez v. Superior Court (1994) 22 Cal.App.4th 423 [ 27 Cal.Rptr.2d 470 ] holds that once the guideline presumption has been rebutted in this manner, an extraordinarily high earning parent who offers to pay any reasonable amount of court-ordered child support does not need to provide detailed financial discovery to the other parent.

11998–1998
In Re Jerald C. green
cal · 1984
1 sentence

1996Because the county must, under section 903, abide by and implement the substantive limitations charted in Jerald C., supra, 36 Cal.3d 1 , and Dell J., supra, 46 Cal.3d 1236—indeed section 903’s provision for use of the child support guideline stands constitutional precisely because of these requirements—we asked the county to explain how it does (and thus will in this case) accomplish and ensure compliance with the constitutional and statutory mandate that it retain only the allowable elements and amount of support.

11996–1996
County of San Mateo v. DELL J. green
cal · 1988
1 sentence

1996Because the county must, under section 903, abide by and implement the substantive limitations charted in Jerald C., supra, 36 Cal.3d 1 , and Dell J., supra, 46 Cal.3d 1236—indeed section 903’s provision for use of the child support guideline stands constitutional precisely because of these requirements—we asked the county to explain how it does (and thus will in this case) accomplish and ensure compliance with the constitutional and statutory mandate that it retain only the allowable elements and amount of support.

11996–1996
Mobaldi v. Regents of University of California green
calctapp · 1976
1 sentence

1978The court ruled, “We conclude . . . that where . . . the plaintiff perceives by sight and hearing the physical injury to another in her presence caused by the defendant’s negligence, the guideline requirement of direct emotional impact from sensory and contemporaneous observation of the accident is satisfied, although the plaintiff may not be aware of the precise nature of the negligence.” ( 55 Cal.App.3d at p. 577 .) There the foster mother witnessed the injuries to the infant held in her arms as he became spastic and convulsant and finally comatose from the administration of an overly concen

11978–1978
Krouse v. Graham green
cal · 1977
2 sentences

1978Finally, in Krouse v. Graham (1977) 19 Cal.3d 59 [ 137 Cal.Rptr. 863 , 562 P.2d 1022 ], where the husband sought recovery for the emotional trauma incident to his witnessing his wife’s death, the court approved Archibald v. Braverman, supra, as follows: “We confirm the propriety of the expression in Archibald, supra, that the Dillon requirement of‘sensory *565 and contemporaneous observance of the accident’ does not require a visual perception of the impact causing the death or injury.

1978Finally, in Krouse v. Graham (1977) 19 Cal.3d 59 [ 137 Cal.Rptr. 863 , 562 P.2d 1022 ], where the husband sought recovery for the emotional trauma incident to his witnessing his wife’s death, the court approved Archibald v. Braverman, supra, as follows: “We confirm the propriety of the expression in Archibald, supra, that the Dillon requirement of‘sensory *565 and contemporaneous observance of the accident’ does not require a visual perception of the impact causing the death or injury.

11978–1978
People v. Schader green
cal · 1969
1 sentence

1973(People v. Schader, supra, 71 Cal.2d at p. 775 .) Thus, the guideline factors mentioned in Beagle are seen to be only specific examples or applications of the general considerations involved in the exercise of the court’s discretion pursuant to Evidence Code section 352.

11973–1973

Where else courts name it

MI 10 (1967–2020) NY 7 (1984–2021) ND 5 (1981–2011) CA 5 (1973–1998) LA 5 (1993–2016) OR 5 (1970–2024) AZ 4 (1978–2026) KS 4 (1980–2016) PA 4 (1966–2022) FL 3 (1974–1999) NM 3 (2009–2011) DE 2 (2016–2016) NJ 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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