California Court of Appeals, Second District, Sixth Division
In re the Marriage of GENISE and DONN MICHAEL SCHU, JR. GENISE J. GOMEZ, Appellant,
DONN MICHAEL SCHU, JR., Respondent
modified Dec. 19, 2016.
Superior Court of Santa Barbara County, No. 1342880, Colleen
K. Sterne, Judge.
& Thornburgh, Bruce D. Glesby; Ferguson Case Orr Paterson
and Wendy C. Lascher for Appellant.
Offices of Ralph B. Wegis, Ralph B. Wegis, Barry E.
Rosenberg, Edward Gordon; Wilson & Pettine and Paul
Pettine III for Respondent.
by Gilbert, P. J., with Yegan and Perren, JJ., concurring.
Cal.Rptr.3d 414] GILBERT, P. J.
California's so-called " No Fault Divorce" law
does not require a trial court to ignore evidence of fault
when the spouse seeking
support is guilty of domestic violence. Here, the court
denied Genise J. Gomez support pusuant to Family Code section
4320, subdivisions (i), (m), (n), and (k). We affirm.
Michael Schu, Jr., and Genise Gomez married in 1986. They
have three adult children: Aaron, Ashley and Evan. Gomez
stopped working when Ashley was born in 1990. Schu works in
the oil industry. He now earns at least as much as he did at
the time of the parties' separation. He has the ability
to pay whatever spousal support the trial court may order.
Schu has been paying Gomez $500 per month temporary spousal
1995 and 2001, Schu worked in Algeria. He would alternate
between spending 28 days in Algeria and 28 days at home.
Aaron's best friend and the brother of Ashley's best
friend. Gomez became sexually attracted to S. when he was a
weekends, underage children, including S., would gather at
the parties' home. Gomez would provide alcohol. Aaron
[211 Cal.Rptr.3d 415] and his friends would sometimes drink
to the point of vomiting. Gomez created a sexual atmosphere
in her home. She showed pornographic movies to Aaron and his
friends. Gomez ...