Proudly serving the Hawaiian Islands!
Call us for a Free Consultation: (808) 545-5855

Blog Archive

Home
  ›  
2017
  ›  
Archive for: June
You are here:

M.N. v. A.N. (TRO)
Hawaii Intermediate Court of Appeals (SDO)
June 20, 2017

Stipulated custody and visitation orders contained in an Order for Protection are temporary orders, under HRS 586-5.5, subject to modification later in the appropriate custody matter (divorce or paternity). A party seeking to vacate an Order for Protection, will not find relief via a claim for breach of contract.

“… even if the parties contemplated visitation rights as being part of the Order for Protection, HRS 586-5.5 clearly establishes that such rights would
be temporary.”

Opinion here: http://www.courts.state.hi.us/wp-content/uploads/2017/06/CAAP-16-0000585sdo.pdf

Author: Justin L. Sturdivant, Esq.

P.O. v. J.S. (Child Support)
Hawaii Supreme Court, April 6, 2017.

Hawaii law requires that the Family Court (or Office of Child Support Hearings) utilize the Child Support Guidelines Worksheet (“CSGW”), any time that child support is ordered, even when the court finds an exceptional circumstance. This requirement is all over the HRS , and the State means it. An order entered without a filed CSGW can be set aside.

“We also hold that the family court is required by multiple provisions of the Hawaii Revised Statutes to use the Hawaiʻi Child Support Guidelines when it
reviews the merits of a request for adjustment of a monthly support obligation.”

Opinion Here: http://www.courts.state.hi.us/wp-content/uploads/2017/04/SCWC-15-00000048.pdf

Author: Justin L. Sturdivant, Esq.


Categories

© 2015, Smith and Sturdivant LLLC. All rights reserved.