Legal Opinion

Schmir v. Schmir

California Court of Appeal

Decided November 16, 2005No. B175397PublishedCited by 25 opinions

1Opinion of the Court

*46Opinion

JOHNSON, J.

Judy Schmir, a 61-year-old woman who had been unemployed for 14 years, appeals from an order terminating her $5,800-a-month spousal support from her ex-husband, Maurice Schmir.1 Judy contends the order is not supported by substantial evidence and the trial court erred in imputing earned income to her without first giving her fair advance notice and opportunity to secure employment. We find there was substantial evidence to justify terminating Judy’s spousal support but the trial court abused its discretion in doing it so abruptly as to deny Judy reasonable notice and an…

2Cases cited6 opinions

  1. In Re Marriage of ArceneauxCalifornia Supreme Court · 1990
  2. DiMartino v. CITY OF ORINDACalifornia Court of Appeal · 2000
  3. Muzquiz v. City of EmeryvilleCalifornia Court of Appeal · 2000
  4. In Re Marriage of Pendleton & FiremanCalifornia Supreme Court · 2000
  5. In Re the Marriage of GavronCalifornia Court of Appeal · 1988

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. In Re ShaputisCalifornia Supreme Court · 2011
  2. Toho-Towa Co. v. Morgan Creek Productions, Inc.California Court of Appeal · 2013
  3. In Re Marriage of DietzCalifornia Court of Appeal · 2009
  4. Richardson v. FrancCalifornia Court of Appeal · 2015
  5. Swain v. Swain (In re Swain), California Court of Appeal, 5th District2018

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