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In re Marriage of Schu

California Court of Appeals, Second District, Sixth Division

December 6, 2016

In re the Marriage of GENISE and DONN MICHAEL SCHU, JR. GENISE J. GOMEZ, Appellant,
v.
DONN MICHAEL SCHU, JR., Respondent

         As modified Dec. 19, 2016.

          Superior Court of Santa Barbara County, No. 1342880, Colleen K. Sterne, Judge.

Page 471

         COUNSEL

         Griffith & Thornburgh, Bruce D. Glesby; Ferguson Case Orr Paterson and Wendy C. Lascher for Appellant.

         Law Offices of Ralph B. Wegis, Ralph B. Wegis, Barry E. Rosenberg, Edward Gordon; Wilson & Pettine and Paul Pettine III for Respondent.

         Opinion by Gilbert, P. J., with Yegan and Perren, JJ., concurring.

          OPINION

          [211 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

Page 472

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).[1] We affirm.

         FACTS

         Donn 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 support.

         Between 1995 and 2001, Schu worked in Algeria. He would alternate between spending 28 days in Algeria and 28 days at home.

         S. was Aaron's best friend and the brother of Ashley's best friend. Gomez became sexually attracted to S. when he was a child.

         On the 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 ...


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