Tentative Ruling

Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

FAMILY LAW
Christine Lynette Martin and James Anthony Eaton
Case No: 18FL02570
Hearing Date: Tue Feb 25, 2020 10:30

Nature of Proceedings: Req. for Order: Spousal Support Determination of Spousal Support Arrears and Payment on Arrears

Req. for Order: Spousal Support Termination of Spousal Support Arrears and Payment on Arrears

Attorneys:

Christine Lynette Martin [“Christine”] is self-represented

James Anthony Eaton [“James”] is self-represented

Ruling: James will file a response to the RFO no later than March 3 and Christine will file her Reply by March 10. The hearing is continued to March 17.

Analysis: On 12/20 Christine filed a RFO requesting that the Court make orders determining spousal support arrears and on the payment on the arrears should be made; she set the hearing for 1/28. She filed a declaration and told the Court the Judgment in the case was filed on 12/18/2018; it was ordered [and James agreed] as to the following:

“Respondent will pay to Petitioner a total of $2,550 per month as and for spousal support…payable in advance, $2,550 on the 1st day of each month…to begin on 1st day January, 2019, and continue until whichever of the following will occur first: the death of either party or remarriage of the recipient, or 1st day of March, 2022.”

That James has failed to pay his spousal support as ordered, either because he underpaid or because he failed to make any payment per month, as indicated by the Declaration of Payment History and the CFLR Executioner accounting dated 12/20/2019 that were filed with her declaration.

Christine contends that James owes $13,500 in principal and $337.75 in interest for a total of $13,837.75 in spousal support arrears. She asks that the Court confirm this balance owed and also determine an amount as payment towards liquidation of these arrears.

The file reflects that James was served on 12/26.

The Court reset the hearing sua sponte to 2/25/20.

There is no response filed from James.

The Court’s Conclusions

The Court wants to give James a chance to file a response before making any order; an oral response at the hearing is never satisfactory.