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California Court of Appeal


In re Marriage of Barth, G045142

In a marital dissolution proceedings, trial court's grant of wife's request for child support retroactive to the date husband had originally filed his California divorce action, with credit given for the amounts husband paid under the now-void Ohio order, is affirmed where: 1) the husband's equal protection argument with respect to the retroactive child support payment order is without merit; 2) trial court did not abuse its discretion in applying section 4009 where the order was in line with exactly what the husband had sought since the inception of this case -- jurisdiction in California, application of California law, and treatment of the Ohio orders as void; 3) there was no abuse of discretion in imputing income to the husband for the purpose of establishing child support, which the court did so in a fair manner that was supported by the evidence.

Appellate Information

  • Decided 10/22/2012
  • Published 10/22/2012

Judges

  • Moore

Court

  • California Court of Appeal

Counsel

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