Legal Opinion

Destein v. Destein

California Court of Appeal

Decided August 30, 2001No. A090293PublishedCited by 15 opinions

1Opinion of the Court

Opinion

SIMONS, J.

In this marital dissolution action, appellant Joseph A. Destein, Jr., challenges the amount of guideline child support awarded. In *1388significant part, the court derived the award by imputing a rate of return to appellant’s separate property real estate, which was non-income-producing. Appellant contends the trial court erred principally because it had no discretion to impute income to non-income-producing investment assets. Because of the strong public interest in ensuring adequate financial support for children by their parents, we reject appellant’s request to graft this…

2Cases cited7 opinions

  1. Kay v. KayNew York Court of Appeals · 1975
  2. Moss v. Superior CourtCalifornia Supreme Court · 1998
  3. Philbin v. PhilbinCalifornia Court of Appeal · 1971
  4. Cohn v. CohnCalifornia Court of Appeal · 1998
  5. In Re Marriage of SimpsonCalifornia Supreme Court · 1992

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3Cited by15 opinions

  1. Cheriton v. FraserCalifornia Court of Appeal · 2001
  2. Guigne v. GuigneCalifornia Court of Appeal · 2002
  3. Sorge v. SorgeCalifornia Court of Appeal · 2012
  4. In Re the Marriage of MuggeColorado Court of Appeals · 2003
  5. Macilwaine v. Macilwaine (In re Macilwaine), California Court of Appeal, 5th District2018

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