Tentative Ruling

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

FAMILY LAW
Alicia Paredes and Juan Cardenas
Case No: 17FL00172
Hearing Date: Tue Nov 05, 2019 10:30

Nature of Proceedings: Review re Support

Case transferred from North County, all Judges having recused. This is for Review re Support.

Attorneys: Petitioner [“mother”] is self-represented

Gerardo D. Camacho for Respondent [“father”]

Channe Coles for Minor Children.

Ruling: For the reasons set out below:

1. Father is ordered to file his declarations and his FLIS on or before November 12, 2019;

2. Mother’s responsive declarations, requests for affirmative relief and her FLIS due November 19;

3. Any Reply by father due November 26;

4. Minor’s Counsel Status Report including any new recommendations, due November 26.

5. The hearing is set for December 3, on any and all issues presented.

6. All orders previously made, including those captured by the Judgment, remain in full force and effect.

Analysis

This Petition for Dissolution was filed 1/2017 after 11 years and 4 months of marriage and 3 children Eli DOB 2/2005; Anabella DOB 4/2008; Juan DOB 12/2016. The case has been very heavily litigated.

On 7/15/19 Judge Rigali entered findings and orders after hearing that said in part:

1. Child support is set at $800.00 per month and spousal support is set at $200.00 per month. Both are payable by Respondent to the Petitioner on the first of each month beginning 7/1/19. Both competing DissoMasters are to be attached to the Findings and Order After Hearing.

2. The modification of support is effective 4/15/19. However a temporary stay is issued on the collection of any arrearages created by this ruling between 4/15/19 and 6/30/19.

3. This Court reserves jurisdiction over the amount of support and the effective date of modification of support as far back as permitted by law. This court further reserves jurisdiction as to all of its findings.

4. This Court finds that the Respondent was the primary income earner in the marriage and that the Petitioner was the primary care giver of the children. This Court also finds that Respondent earned $170,000 through September 15, 2018. The Court finds that the children are attending private school without the reported means affording that expense. The Court finds that neither party is earning a living consistent with his or her ability to earn. The Court imputes income to Respondent at the rate of $5,000 per month and Petitioner at the rate of $2,100 per month.

5. This Court adopts the timeshare of the recommendation of minor’s counsel. That is 35% to Respondent for each of the girls and 40% for the boy.

6. Respondent is ordered to pay Petitioner’s attorney, R. Morgan Holland, an additional $1,000 within 30 days of 6/21/19.

7. Review in this matter is set for October 2, 2019 at 8:30 am. in SM 2. At that time Petitioner is ordered to show cause why she should not be imputed income at the rate of $3,000 per month, and Respondent is ordered to show cause as to why he should not be imputed income at the rate of $170,000 per year. Both parties are admonished of the value of expert testimony as to these issues.

On 8/13/19 a 19-page Judgment was filed with the status of the Dissolution effective 8/1/18. Notice of Entry of Judgment was made on the same date.

On 8/14/19 the Minute Order reflects that the Court was notified that father “lost his job” and the OSC re Failure to Pay Reporter Fees was continued to 10/2/19 in SM 2.

On 10/2/19 the Minute Order reflects that the Court was told father “has a new job.” The Court made some findings and orders including that the Court relieved Ms. Faulks as minor’s counsel and appoints Ms. Channe Coles; Ms. Coles was ordered to prepare a formal order regarding her appointment. Pursuant to Evidence Code 170.3, the Court recused itself and instructed the Clerk to call for a reassignment. The Clerk advised the Court that all North County Civil Judicial Officers have been disqualified or have self-disqualified and that the case has been reassigned to South County forthwith.

On 10/15/19 the case was reassigned to this Department.

On 10/28 mother’s former counsel, R. Morgan Holland, substituted out and mother substituted in and is self-represented.

The Court’s Conclusions

Unaccountably, neither side has filed a FLIS or a CMCS; there are no declarations or status reports filed by anyone. The Court assumes that no one is ready to do anything. The Court will not be able to resolve any issues at this calendar call and will, by necessity, set a new date for any Family Law and Motion matters to be presented. Father is ordered to file his declarations and his FLIS on or before November 12, 2019; mother’s responsive declarations, requests for affirmative relief and her FLIS due November 19; any Reply by father due November 26; Minor’s Counsel Status Report including any new recommendations, due November 26. The hearing is set for December 3, on any and all issues presented. In the meantime all orders previously made, including those captured by the Judgment, remain in full force and effect.