What is the burden of establishing substantial evidence to support a finding of error in a calculation of support?

California, United States of America


The following excerpt is from Avington v. McCoy (In re Avington), A149700 (Cal. App. 2018):

We start with the presumption that the court's orders are correct. (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133.) "We review factual findings of the family court for substantial evidence, examining the evidence in the light most favorable to the prevailing party. [Citation.] In reviewing evidence on appeal, all conflicts must be resolved in favor of the prevailing party, and all legitimate and reasonable inferences must be indulged in order to uphold the trial court's finding. [Citation.] In that regard, it is well established that the trial court weighs the evidence and determines issues of credibility and these determinations and assessments are binding and conclusive on the appellate court." (In re Marriage of Hill & Dittmer (2011) 202 Cal.App.4th 1046, 1051-1052.) "[T]he burden is on the appellant 'to demonstrate that there is no substantial evidence to support the challenged findings.' [Citations.] A recitation of only [the appellant's] own evidence or a general unsupported denial that any evidence sustains the findings is not the 'demonstration' contemplated under the rule. An appellant 'is required to set forth in his brief all of the material evidence on the point and not merely his own evidence. If this is not done, the error assigned is deemed [forfeited].' " (Green v. Green (1963) 215 Cal.App.2d 31, 35.)

A. Calculation of Support

Other Questions


Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
What is the test for establishing that a permit application is based upon the necessary findings and the substantial evidence supporting the findings? (California, United States of America)
Is there substantial evidence to support the instruction that a judge must only give the instruction which is supported by substantial evidence? (California, United States of America)
What is the test for establishing substantial evidence against a defendant who alleges substantial evidence does not support his conviction? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
What is the test for establishing substantial evidence in a motion to overturn a decision of the trial court based upon the absence of substantial evidence to support it? (California, United States of America)
What is the evidence supporting the finding that there is insufficient evidence to support the findings of the trial court? (California, United States of America)
When determining whether there is substantial evidence to support a conviction, what is the test for substantial evidence? (California, United States of America)
What is the test for substantial evidence in a motion to challenge a finding in favour of substantial evidence? (California, United States of America)
In a motion to appeal against a jury's finding that there was no substantial evidence to support the jury's verdict, does the appellate court have any power to substitute the findings of the jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.