Appellate Opinions – A List of Cases & Decisions

Brian Saylin and the attorneys at the Law Offices of Saylin & Swisher have been principal appellate counsel in hundreds of cases in California. We have consulted with trial lawyers from other states, including Arizona, Idaho, and Nevada with divorce appeals, and continue to be a valuable resource in appellate cases from around the nation. The following cases resulted in opinions that have created new law or new interpretations of the law in California:

Marriage of Cohen (2016) 3 Cal.App.5th 1014
Parties may not waive the “change of circumstances” rule to modify support.

Marriage of Walker (2015) 240 Cal.App.4th 986
Discharge in bankruptcy does not give wife right to avoid a discharged debt and gain the lion’s share of the proceeds from the sale of the family residence, which must be divided equally.

Marriage of Lin (2014) 225 Cal.App.4th 471
Service of order on attorney when husband present did not substitute for service on husband.

Marriage of Finby (2013) 222 Cal.App.4th 977
Financial advisor’s book of business is valuable marital property.

Marriage of Wilson & Bodine (2012) 207 Cal.App.4th 768
Marriage of parent automatically extinguished order of child support in prior paternity order.

Marriage of Kochan (2011) 193 Cal.App.4th 420
Support cannot be based on assumption that husband can retire and return to work in a different position.

Marriage of Ackerman (2006) 146 Cal.App.4th 191
Child support properly considered as income available to supported spouse to satisfy marital standard of living.

Henry v. Reissmueller (2005) 126 Cal.App.4th 111
Increase in equity in family home not “income” for support purposes.

Marriage of Dunn (2002) 103 Cal.App.4th 345
Hearing required before ruling on new wife’s participation in children’s activities.

Marriage of Schaffer (1999) 69 Cal.App.4th 803
OK for court to consider wife’s actions and long term history of spousal support extensions in reducing support.

Marriage of Koester (1999) 73 Cal.App.4th 1032
Incorporation of separate property business during marriage does not change its character as separate property.

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