Tentative Ruling

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

FAMILY LAW
Armen V. Nahabedian and Natalya V. Konishcheva
Case No: 16FL02253
Hearing Date: Tue Mar 03, 2020 10:30

Nature of Proceedings: Req. for Order: Modification Spousal Support and Attorney Fees

Petitioner’s Req. for Order: Modification Spousal Support and Attorney Fees

Amen V. Nahabedian [“Amen”] is self-represented

Natalya V. Konischeva [“Natalya”] is self-represented.

Ruling:

1. Armen’s motion is denied. There is absolutely no change of circumstances since the last decision was made about three months ago.

2. The Court now advances the CMC set for 4/21/20 to 3/3/20; the Court would not have granted the request to vacate the trial dates if the Court knew that counsel for mother would substitute out just days after the Order was entered.

3. The Mandatory Settlement Conference is set for Friday, April 3, 2020, in Department 5 at 8:30 am; settlement briefs due one week in advance; trial is set for Tuesday April 21, 2020, at 11:30 am.

4. All current orders remain in full force and effect.

5. The Court will inquire, at the March 3 hearing about the status of custody, visitation and child support orders related to Garo (age 15).

Analysis

The case was Petition for Dissolution was filed in 9/2016 after 9 years and 6 months of marriage and one child, Garo Nahabedian DOB 10/1/04; the last order of substance was entered on 12/23/19; Armen was ordered to pay $3,121 per month in spousal support retroactive to the date of filing mother’s RFO, June 12, 2019; and to pay $25,000 in need-based attorney fees and costs to mother’s counsel, Marcus Morales, forthwith; this case needs to be expedited; a Mandatory Settlement Conference was set for Friday, February 7, 2020, in Department 5 at 8:30 am; settlement briefs due one week in advance; trial was set for February 25, 2020, at 11:30 am.

On 1/23/20 Mother’s lawyer, Marcus Morales, set an ex parte order hearing seeking to vacate the Mandatory Settlement Conference date set for February 7, 2020, and the Trial date set for February 25, 2020, and to set a new Case Management Conference for April 21, 2020, at 10:30 am in Dept. #3; she claimed she did not have enough information to properly pursue the case; Armen has been unreachable and did not appear at the last court hearing; claimed that an award for attorney’s fees in the amount of $25,000 payable by Armen to Mr. Morales’s office was ordered by this Court on October 21, 2019; Armen failed to pay this award; she does not have money to pay him; cannot properly and adequately prepare for the MSC and trial due to a lack of resources; that award was meant to level the playing field and allow her to properly pursue her case to closure.

Armen opposed the motion; claims he will be the party irreparably harmed by undue extensions of these proceedings; he has repeatedly and timely disclosed all assets, which are extremely limited and do not require excessive time to review or contemplate; he has also disclosed certain substantial joint liabilities exceeding $2,000,000.00 which are being solely managed by him; timely resolution of the dissolution of marriage is critical to those efforts; he has been unable to pay attorney’s fees due to current financial hardship.

The Court granted the ex parte motion and set the case for a CMC on 4/21/20.

On 1/22/20 Armen filed a RFO to modify spousal support and attorney’s fees award just entered on 10/1/19; it is accompanied by an abbreviated declaration; claims he is solely paying spousal support and has had a significant reduction in income following the loss of previous employment as of May 1, 2019, in addition to a not-at-fault motor vehicle accident on December 9, 2019, and can no longer afford the amount of support; additionally, the spouse receiving the support misrepresented earnings and income. He set it for 2/18 but then continued it to 3/3 because he did not get the RFO served.

Armen filed an I&E declaration; reports he lost his job on May 1, 2019; income from self-employment is $5,000/mo. as an Oil and Gas Contractor; pays $1,000/mo. in child support for children from other relationships; $400/mo. in health insurance; no cash; and -$2,000,000 in all other property.

On 1/28/20 Mr. Morales, unaccountably just days after the Court considered and granted his request to vacate the trial date, substituted out of the case and Natalya is now self-represented.

There is no Response filed to Armen’s RFO

The Court’s Conclusions

There have been no changes in circumstances since the last Court Order; additionally the motion made is not credible. The Court will expedite trial of this case. Be prepared.