Legal Opinion

Cauley v. Cauley

California Court of Appeal

Decided April 24, 2006No. H028589PublishedCited by 4 opinions

1Opinion of the Court

Opinion

MIHARA, J.

Under Family Code section 4325, there is a rebuttable presumption that an award of spousal support not be made to a spouse who has been convicted of intraspousal domestic violence.1 Appellant Eileen J. Cauley has been convicted of domestic violence against respondent Gerald W. Cauley. The parties’ settlement agreement provided that spousal support was not subject to modification or termination. The trial court found that the presumption of section 4325 applied here and had not been rebutted. It then *1103granted respondent’s motion to terminate spousal support to appellant. We…

2Cases cited3 opinions

  1. Rosen v. State Farm General InsuranceCalifornia Supreme Court · 2003
  2. In Re the Marriage of DittoCalifornia Court of Appeal · 1988
  3. In Re Marriage of SellersCalifornia Court of Appeal · 2003

3Cited by4 opinions

  1. Freitas v. FreitasCalifornia Court of Appeal · 2012
  2. Priem v. PriemCalifornia Court of Appeal · 2013
  3. Darab N. v. Olivera, California Court of Appeal, 5th District2019
  4. In re Marriage of Okhrimovskaya CA2/4California Court of Appeal · 2015

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