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McGinley v. Herman

California Court of Appeal

50 Cal. App. 4th 936, 57 Cal. Rptr. 2d 921 (1996)

Facts

Lori McGinley (plaintiff) had a child with Stan Herman (defendant), a wealthy real estate investor. McGinley filed a complaint to establish Herman’s paternity and obtain an award of child support. McGinley submitted a declaration from a certified public accountant, who concluded that Herman’s net worth was at least $11 million and recommended that Herman pay more than $14,000 per month in child support. That amount was based on the formula set forth in California’s Statewide Uniform Child Support Guidelines. The court found that McGinley had a net income of zero, and that Herman’s net income was extraordinarily high, though the latter amount was not specified. The court ordered Herman to pay monthly child support in the amount of $1,750, plus $400 per month for child-care expenses. The amount was based on the judge’s perception that $2,000 per month represented the usual limit in child-support cases. McGinley appealed. The California Court of Appeal granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Masterson, J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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