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California Family Law Appeals

Attorney Certified in Appellate Law and Family Law by the State Bar of California Board of Legal Specialization

Appellate lawyer Stephen Temko has represented hundreds of family law clients before the California Courts of Appeal and the Supreme Court of California. He has represented clients in high-profile family law appeals and in groundbreaking cases involving complex legal issues.

Appellate attorney Temko is available to handle appeals involving the following types of family law issues:

Marital property division, including enforcement or vacation of prenuptial agreements (U.S. and international prenuptial agreements), division of marital property and equitable apportionment, division of military retirement benefits, characterization, and valuation of assets, alternative valuation, omitted assets, stock options, deferred home sales, reimbursements, breach of fiduciary duty, and transmutation issues.
Child and spousal support, including questions regarding the amount and duration of support, special problems associated with high-income earners, deviation from guidelines, terms of termination of spousal support, and computation and/or imputation of income.
Parenting time, child custody, visitation, and move-away situations, including issues of parental alienation and child custody jurisdictional issues.
Attorneys' fees, appealing court decisions regarding liability for the other party's attorney fees or the amount of attorney fees.

To schedule a consultation about appealing a California family law case, contact the Law Office of Stephen Temko.

California Supreme Court and Appellate Court Cases

Attorney Temko has represented clients on family law appeals in significant cases in the California Courts of Appeal and the Supreme Court of California, published cases include:

    Marriage of Winternitz (2015) 235 Cal.App.4th 644 [disqualification of custodial expert, attorney fees] 

    In re Marriage of Burwell (2014) 221 Cal.App.4th 1 [character of term life insurance]

    Marriage of Georgiou and Leslie (2013) 218 Cal.App.4th 561 [defense of post judgment claim for breach of fiduciary duty] 

    Marriage of Sorge (2012) 202 Cal.App.4th 626 [fiduciary duty and appellate attorney fees] 

    Marriage of Simmons (2013) 215 Cal.App.4th 584 [sanctions for breach of fiduciary duty]

    L.M. v. M.G. (2013) 208 Cal.App.4th 133 [maternity presumptions and single parenthood]

    N.S. v. M.L. (2011)199 Cal.App.4th 240 [due process and equal protection in paternity matters] 

    Marriage of Howell (2011) 195 Cal.App.4th 1062 [2003 amendments to Prenuptial Agreement Act not retroactive]

    O.S. v. M.S (2009) 178 Cal.App.4th 524 [bonus & child support; attorney fees not included in guideline support]

    Marriage of Kerr (1999) 77 Cal.App.4th 87 [stock options may be used for child and spousal support but consideration must be capped to the needs of the children and marital lifestyle]

    Marriage of Duncan (2001) 90 Cal.App.4th 617 [multi-million dollar business was subject to an alternative valuation date if the value was attributable to the skill and effort of the owner]

    Marriage of Shaughnessy (2006) 139 Cal.App.4th 1225. [spousal support should be terminated upon a showing of self-support]

    Casas v. Thompson (1986) 42 Cal.3d 131 and Berry v. Berry (1989) 216 Cal.App.3d 1155 [proper division of military retirement income]

    Marriage of Feldman (2007) 153 Cal.App.4th 1470 [sanctions of $390,000 affirmed for breach of fiduciary duty of disclosure.] 

Many unpublished reversals including an award of $200,000 a month in spousal support as being too low for failure to maintain status quo.

Writ Practice

Mr. Temko has obtained successful outcomes in petitions for writ of mandate relief,  habeas corpus, writ of prohibition, and writ of supersedes, including such published cases as  Muckle v. Superior Court (2002) 102 Cal.App.4th 218 [denial of motion to quash summons reversed].