California Court of Appeal

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In re Marriage of Berger, G039234

In an appeal from judgment in a marriage dissolution action, denial of wife's petition for spousal support and award of attorney's fees is reversed where: 1) while divorced parents have the same right to pursue happiness as all other citizens, they cannot do so by abrogating their obligation to support their families; 2) divorced parents cannot voluntarily defer salary, live extravagantly off their sizeable assets, and plead poverty at the support hearing; and 3) the court erred in failing to recognize that husband's income should have been measured by the earnings he had chosen to give back to his company.

Appellate Information

  • Decided 01/29/2009
  • Published 01/29/2009



  • California Court of Appeal


  • For Appellant:
  • Law Offices of Marjorie G. Fuller and Marjorie G. Fuller, Fullerton, for Appellant.

  • For Appellees:
  • Law Offices of Steven E. Briggs and Steven E. Briggs, Newport Beach, for Respondent.
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