Kirsten Castagnola and Timothy Castagnola
Case No: 18FL00473
Hearing Date: Tue Mar 27, 2018 10:30

Nature of Proceedings: Req. for Order: Child Custody/Child Support/Visitation/Spousal Support

Petitioner’s (“mother”) Request for Order Child Custody/Child Support/Visitation/ Spousal Support; Vanessa Kirker, counsel for mother; Tracey Cruz, counsel for Respondent (“father”).

Rulings:

1. This case needs to be tried; the MSC is set for 10/5/18 at 8:30 am; the Trial is set for 10/30/18 at 11:30 am. The final CMC is set for 9/11/18 at 10:30 am.

2. The parties shall share temporary joint legal and joint physical custody.

3. Time share. Week on/week off parenting schedule with exchanges at school each Monday for the two eldest children and the two youngest will be dropped off to the parent receiving custody.

4. Temporary possession of the minivan is awarded to mother and she will make the payment; temporary possession of the truck is awarded to father; he will have temporary possession of the Star Wander and he is required to make all payments associated with the boat.

5. The 2017 state and federal tax refunds will be divided equally between them upon receipt.

6. Child support will be $2,096 and spousal support will be $316 beginning March 1, 2018 (the Court has not ignored she filed the RFO on 2/28/18); the Court has assumed father’s reported earnings is $6,162 per month in wages; $691 per month to mother in self-employment earnings; father is assigned all of the dependency exemptions; mother is assigned one dependency exception based on the assumption that she claims herself as a dependent; 50% custodial time with the minor children; father files as head of household and mother files as married filing separately.

7. The parents will pay equal contributions of unreimbursed medical and dental expenses.

8. The parents will pay equal contributions toward child care costs incurred for purposes of employment or employment-related education.

9. Neither party shall discuss the divorce or the other parent within the children’s earshot nor permit any third party from disparaging the other parent in the presence of the children.

10. Father’s PDD was filed 3/21/18; mother’s PDD shall be filed by 4/13/18.

11. Father’s request for mother to submit to a Breathalyzer test is DENIED; without prejudice.

12. Father’s request that Ellianna will not be forced to have over-nights with mother until they are in a better place is DENIED; without prejudice.

Analysis

The Petition for Dissolution of Marriage was filed in 2/2018 after about 11 years of marriage and four children; the Response was filed in 3/2018.

Mother’s RFO

Filed 2/28; seeks child support, spousal support, custody and visitation orders; possession of mini-van.

Specifically requests:

a. Week on/week off schedule with exchanges on Monday afternoons.

b. Pick-ups for the older girls should be from school.

c. Father can drop the youngest two off to mother at her apartment after he drops the two oldest at school at the beginning of her custodial weeks and, likewise she will drop the two youngest to him after she drops the oldest two at school at the beginning father’s custodial weeks.

d. Temporary possession of the 2015 Silver Dodge Caravan (mini-van); mother to make the $400/mo car payments; father to turn over all keys to the mini-van immediately.

e. Both parties to be prohibited from discussing the case with the children and to be prohibited from disparaging one another to the children or within their earshot.

f. The children to be made available by phone to the non-custodial parent at least every other day.

g. Joint legal and physical custody.

h. Father to pay child support in the amount of $2,280 per month and spousal support in the amount of $345 per month for a total of $2,625 per month beginning March 1, 2018.

Mother’s Declaration

The Court has read it all.

Mother’s I&E

Estimates father’s income at $6,000/mo; reports no income for herself; $7,000 in cash and reports no other assets; living expenses are $4,140/mo [includes mini-van payment of $400/mo; child care so she can work or get job training estimated at $500/mo.

Mother’s Suggested DissoMaster

Assumes father receives $6,000 per month in wages and salary based on his historical earnings; mother has no earnings; father takes four children as dependents; 50% time share; father’s temporary spousal support obligation is $345; guideline child support obligation is $2280; his total obligation is $2625 per month payable to Petitioner.

Father’s Response

He specifically requests:

a. Joint physical and legal custody with a week on/week off schedule with exchanges on Monday afternoons.

b. Exchanges for the older girls should be at school,

c. Exchanges for the younger two daughters will be by the parent whose custodial time is ending, since they are already driving the elder children to school.

d. That mother should not consume alcohol eight hours prior to or during her custodial time, and that she will submit to a Breathalyzer upon request.

e. The children are to be made available by phone to the non-custodial parent at least every other day;

f. Ellianna will not be forced to have over-nights with mother until they are in a better place; does not object to continuing the 50/50 timeshare as this request is not about money.

g. Mother to be awarded temporary possession of the mini-van with an order that she remain current on the monthly payment for the van and that he have some remedy if mother fails to remain current on the payments;

h. Child support be set consistent with the fact that he is currently unemployed and mother makes income reselling clothing; and

i. Spousal support be set at zero.

Father’s Declaration

Filed 3/14; comprises 100 pages; attaches exhibits A through H; have read it all.

Father’s I&E

He is 58 years old; reports mother’s income estimated at $2,500/mo, based upon his knowledge of her income from buying and selling clothes online for years, and the corresponding deposits to their joint checking; his monthly income now is zero dollars; average over 12 months has been $3,400/mo; reports cash of $5,000 and all other assets valued at $10,500 (value of his SP boat and truck, if sold, and his 1/2 share of CP, less debt); living expenses; $4,300/mo; installment debt $35,000+; child care so he can work is $500/mo; no medical insurance for children; reports they sold their home in Lompoc in January 2018, receiving $35,290 in sale proceeds, of which mother has transferred $18,000 to her separate account; given that he has been unemployed since last September, he has been surviving off the sale proceeds.

Father’s Suggested DissoMaster

He assumed: 50% timeshare of the children; each parent a HH-3 exemption tax filing status; neither party presently works as a wage earner; mother operates a clothing re-sale business and generates income from that endeavor; seems reasonable to accord each parent with Head of Household status and assign two-each of the minor children as exemptions, given that each parent intends to secure employment as soon as possible; but father has no quarrel with assigning him HH-5 status, assuming he will be able to claim all four of the minor children at the end of the tax year on his taxes; mother with gross monthly income of $l,882 in self-employment income; derived this from joint checking account, which was $24,475.44, or $1,882 per month in average self-employment earnings; accorded father with zero monthly income, as he lost his full-time job last September and has no job or income at this time; children receive insurance through Medi-Cal; no expenses associated with this; no real property, itemized deductions, hard-ships, or other child care add-ons that exist; calculates mother should pay father $721 in base child support in Dissomaster “A”; alternatively, neither party should pay the other any amount of support in Dissomaster “B.”

Mother’s Reply

Comprises 98 pages including Exhibits A through E; the Court has read it all; she now requests as follows:

a. Temporary joint legal and joint physical custody;

b. Week on/week off parenting schedule with exchanges at school each Monday for the two eldest children and the two youngest will be dropped off to the parent receiving custody;

c. Temporary possession of the minivan is awarded to mother and she will make the payment; temporary possession of the truck is awarded to father; he will have temporary possession of the Star Wander and he is required to make all payments associated with the boat;

d. The 2017 state and federal tax refunds will be divided equally between them upon receipt;

e. Child and spousal support of $2,096 and spousal support $316 beginning

March 1, 2018 (she filed the RFO on February 28, 2018); sums are based on father’s reported earnings of $6,162 per month in wages and $701 per month to her in self-employment earnings;

f. The standard orders regarding equal contributions of unreimbursed medical and dental expenses; the standard orders regarding equal contribution toward child care costs incurred for purposes of employment or employment related education;

g. An order that neither party may discuss the divorce or the other parent within the children’s earshot nor permit any third party from disparaging the other parent in the presence of the children.

Mother’s Lawyer’s Declaration

According to mother’s declaration in support of her RFO, her Reply Declaration and father’s Opposition and I&E Declaration, mother earns $691 per month in self-employment income and father earns $6,162 per month in wages and salary; calculated guideline support; assumed four minor children; father is assigned all of the dependency exemptions based on the assumption that he will claim the children as dependents because he is the greater wage earner; mother is assigned one dependency exception based on the assumption that she claims herself as a dependent; 50% custodial time with the minor children; father files as head of household and mother files as married filing separately; father receives $6,162 per month in wages and salary based on his actual earnings from his work as a commercial fisherman; mother receives $691 per month in self-employment income from her on-line second hand clothing sales; father’s pendente lite spousal support obligation is $316; child support obligation is $2,096; total obligation is $2,412 per month payable to mother.