Stephen Temko

Stephen Temko was admitted to the state bar in 1972. He has been certified by the State Bar of California in Family Law and Appellate Law. His practice is now limited to Family Law Appeals and consulting in complex family law matters pending in any Superior Court in any County. Over the last 45 years he has been responsible for over 500 appeals and writs with numerous published cases including the following family law topics;

Fiduciary Duties (Marriage of Feldman (2007) 153 Cal.App.4th 1470 [breach of fiduciary duties]; Marriage of Georgiou and Leslie (2013) 218 Cal.App.4th 561,[breath of FC 1101 post judgment]; Marriage of Sorge (2012) 202 Cal.App.4th 626 [fiduciary duty and appellate attorney fees]; Marriage of Simmons (2013) 215 Cal.App.4th 584 [FC 271, FC 1101 does not apply to separate property]; In re Marriage of Steiner (2017) 17 Cal.App.5th 1165 [no breach of fid. duty for failure to advise of change of benny on Servicemen's Group Life Insurance Act (SGLIA) policy, ATRO preempted].)

Property Division Issues (Marriage of Duncan (2001) 90 Cal.App.4th 617 [alternate valuation date]; Marriage of Curtis (1992) 7 Cal.App.4th 1 [FUSPA Amendments];

In re Marriage of Burwell (2014) 221 Cal.App.4th 1 [character of term life insurance];

Casas v. Thompson (1986) 42 Cal.3d 131 [military pension: net versus gross];

Marriage of Shelstead (1998) 66 Cal.App.4th 893 [Order is not a QDRO because a successor-in-interest is not an “alternate payee” within the meaning of ERISA])

Custody Issues (In re Marriage of Winternitz (2015) 235 Cal.App.4th 644 [numerous CCP 730 evaluator errors did not mandate reversal]; In re Marriage of Ross & Kelley (2003) 114 Cal.App.4th 130 [denial of grandparent visits reversed on lack of notice grounds])

Support Issues (In re Marriage of Maher and Strawn (2021) 63 Cal.App.5th 356 [adult child’s college expenses may be on issue of spousal support]; Marriage of Kerr (1999) 77 Cal.App.4th 87 [stock options for support, cap on child and spousal support not to exceed MSOL]; In re Marriage of Macilwaine (2018) 26 Cal.App.5th 514 [standard for high income earner & stock options for support on date of vesting]; O.S. v. M.S (2009) 178 Cal.App.4th 524 [bonus & child support; attorney fees not included in guideline support];

In re Marriage of Shaughnessy (2006) 139 Cal.App.4th 1225[spousal support modification & termination]; Marriage of Howell (2011) 195 Cal.App.4th 1062 [2003 amendments to Prenuptial Agreement Act not retroactive])

Attorney Fees & Sanctions (Pont v. Pont (2018) 31 Cal.App.5th 428 [application of prevailing party atty fee clause in MSA]; In re Marriage of Erickson & Simpson (2006) 141 Cal.App.4th 707 [given wife's authorization, trial court had jurisdiction to order direct payment of attorney fees after attorney substitution form for former wife was filed]
In re Marriage of Pearson (2018) 21 Cal.App.5th 218 [source for payment of 271 sanctions].)

Paternity/Maternity Issues (L.M. v. M.G., (2013) 208 Cal.App.4th 133 [maternity presumptions and single parenthood]; N.S. v. M.L. (2011)199 Cal.App.4th 240 [due process and equal protection in paternity matters])

   Stephen has lectured frequently on family law and appellate law topics for family lawyers throughout California. He has lectured to the Beverly Hills Family Law Section, multiple lectures and seminars to ACFLS Summer Seminars, AAML Institutes, San Diego County Family Law Specialists, Orange County Specialists, and the San Diego Appellate Inn of Court among others.