child support is reviewed for abuse of discretionMarriage of Leonard

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iLaw Dictionary
California
Law Dictionary
Standard of Review-Child Support
(Marriage of Leonard)

Appeal-Standard Of Review-Family Law-Child Support-Abuse of Discretion
(Marriage of Leonard)

DISCUSSION

I. Standard Of Review.

A trial court’s award concerning child support is reviewed for abuse of discretion. (In re Marriage of Cheriton (2001) 92 Cal.App.4th 269, 282 (Cheriton); see also In re Marriage of Chandler (1997) 60 Cal.App.4th 124, 128; In re Marriage of Wood, supra, 37 Cal.App.4th at p. 1066.) Likewise, a determination regarding a request for modification of a child support order will be affirmed unless the trial court abused its discretion, and it will be reversed only if prejudicial error is found from examining the record below. (In re Marriage of Drake (1997) 53 Cal.App.4th 1139; see also In re Marriage of McCann (1996) 41 Cal.App.4th 978.) In addition, a trial court’s decision whether to make an order for child support retroactive is reviewed under an abuse of discretion standard. (In re Marriage of Drake, supra, 53 Cal.App.4th at p. 1169.)

Marriage of Leonard 6/15/04 CA6 H026717

Jun 15 2004

H026717[PDF] [DOC]

Marriage of Leonard 6/15/04 CA6

Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992 , 35 Cal.Rptr.2d 685; 884
(See Delaney v. Baker (1999) 20 Cal.4th 23, 33 (Delaney).)
Delaney v. Baker (1999) 20 Cal.4th 23 , 82 Cal.Rptr.2d 610; 971
Abuse, of Elder-Tort-Elder Abuse-Standing-Estate of Lowrie
Elder Abuse and Dependent Adults Act-15600 et seq-Legislature’s intent-Tort (Intrieri)