In Re Marriage of Jacobo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding party who seeks modification must show by preponderance of the evidence that a substantial change in circumstances arose since the decree’s last modification
• stating that the party who seeks the change must established the change in circumstances “since the entry of the decree or its last modification” (emphasis added)
• stating that after a failure to perform a duty is established, “[t]he burden then 7 shifts to the contemner to produce evidence which suggests he or she did not willfully violate the order or decree at issue”
• noting the contemner must first be shown to have a duty to obey a court order and to have failed to perform that duty
• noting the only defense other than absence of willfulness is the uncertainty of the order
• “[T]he district court’s conclusions of law do not bind us and we exercise unfettered review of the court’s application of the law.”

Source: CourtListener parenthetical corpus (CC0).