Legal Opinion
Heiner v. Chandler
California Court of Appeal
Decided February 27, 2006No. A107485PublishedCited by 3 opinions
1Opinion of the Court
Opinion
RIVERA, J.
The question posed in this appeal is whether a lump sum unallocated personal injury recovery is income, as defined by Family Code1 section 4058, for purposes of calculating child support. We here decide (1) the entirety of an undifferentiated lump sum personal injury recovery is not income for purposes of child support, and (2) the determination as to whether some portion of an undifferentiated recovery is allocable as income must be left to the discretion of the trial judge.
In this case, the trial court correctly treated the recovery as a fund, and did not err in denying a…
2Cases cited14 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Chesapeake & Ohio Railway Co. v. KellySupreme Court of the United States · 1916
- Ringler Associates Inc. v. Maryland Casualty Co.California Court of Appeal · 2000
- In Re Marriage of ConnollyCalifornia Supreme Court · 1979
- Cheriton v. FraserCalifornia Court of Appeal · 2001
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3Cited by3 opinions
- Ruiz v. RuizCalifornia Court of Appeal · 2011
- Pearson v. Pearson (In re Pearson), California Court of Appeal, 5th District2018
- Marriage of Minkler CA2/8California Court of Appeal · 2013