Smaila Sulejmanagic v. Anthony Duran
Case No: 19FL00085
Hearing Date: Tue Apr 16, 2019 10:30

Nature of Proceedings: Req. for Order: Child Support

Req. for Order: Child Support

Case Management Conference

Attorneys: for Petitioner: Marcus Morales; for Respondent: Nathan Passavant

Ruling:

1. Mother’s RFO: Neither mother nor father report any income; the Court will not impute income at this time in this case. The Court urges father to establish some relationship with his child and assumes any money he can accumulate might be used for establishing a relationship.

2. Case Management Conference. The case is set for trial on August 29, 2019, at 11:30 in this Department; trial briefs are mandatory and are due one week in advance. The Mandatory Settlement Conference is on August 2, 2019, in Department 5 at 8:30 am; settlement briefs are mandatory and must be filed one week in advance.

Background/Analysis

On 4/2 this Court made many rulings but some impacted the issue now before the Court as follows:

Guideline child support was denied without prejudice. Mother’s request that father pay $4,000 in attorney fees and costs to mother was denied.

Father shall have time share [visitation] with Elijah every other weekend from Friday at 5 pm to Sunday at 5pm; it may be either in California or Texas; father shall pay all expenses of such visitation including but not limited to transportation. Father shall have timeshare with Elijah every summer for a two-week period from July 1 to July 14 unless the parents mutually agree to a different time, in writing, in advance. Father and Elijah shall have free and unimpeded telephone contact from 6pm to 6:30 pm on Monday, Wednesday and Friday.

The Court acknowledged that mother has filed a request for child support and set it for 4/16.The Court also notes that the CMC was continued to 4/16; the Court will set trial dates at the CMC; recognize that father lives in Texas and mother lives in Santa Barbara; there will be logistic concerns in getting the case tried; counsel are strongly urged to meet and confer and to talk with their respective clients before the CMC so meaningful dates can be selected. There are consequences to any decision in this case.

The Court has now calculated father’s time share for purposes of calculating child support; it is 18%.

Mother’s RFO seeking child support was filed 3/22/19. Mother’s financial declaration filed 3/22/19 is puzzling; reports she lost her job at the Auto Parts Store in 11/24/2018; albeit on page 2, item #9, of her financial declaration she reports her financial situation has changed because “I got a new job.” She attaches income stub statements from November 2018 from the Auto Parts Store; she reports no income and minimal assets; total expenses $980/mo which is paid “by others;” apparently her boyfriend with whom she resides. There one child of this relationship (mother has a total of two children). The Court can only conclude that she is not working based upon the totality of the document.

Father did not file any response to mother’s RFO. Father did not file an income and expense declaration for this hearing but did file one on 2/26/19; the Court can only assume that is the document he wants the Court to rely upon. Reports in that document that he has been unemployed since 1/2017; he reports earnings of $600 last month from General Labor/Lawn Services as an independent contractor; total assets valued at $500; apparently lives with his mother and girlfriend; has two sons and a step daughter (?); total living expenses are listed at $1,220 but does not show any of that is “being paid by others.” He reports at item #16 that his time share with his son of this relationship is 100% with mother.

The Court’s Conclusions

Neither mother nor father report any income; the Court will not impute income at this time in this case. The Court urges father to establish some relationship with his child and assumes any money he can accumulate might be used for establishing a relationship.