Rachel Karen Teplansky Wellman and James Caine Wellman
Case No: 19Fl01292
Hearing Date: Tue Sep 24, 2019 10:30

Nature of Proceedings: Req. for Order: Spousal Support

Petitioner’s [“wife”] RFO: Spousal Support from Respondent (“husband”)

Attorneys: Both parties in pro per

Ruling:

1. Spousal support is set, pending modification and revisiting the amount set at trial, at $659 per month pursuant to the DissoMaster; a copy will be in the courtroom. The Court assumed for husband $3,750 per month [splitting the two numbers wife estimated, i.e. $3,500-$4,000]; wife’s income is $1,280 per month.

2. Support is retroactive to the date wife filed her request, to wit: August 1, 2019. Retroactive support: that is $659 for August 1 and September 1 [$1,218] to be paid forthwith; monthly support payable will be payable promptly on the 1st of each month until modified.

3. The Case Management Conference set for 10/1/19 is advanced to 9/24/19 at 10:30 am; “the Trial” is set for 1/7/2020 at 11:30 am in this Department; trial briefs due one week in advance; at trial one of the issues will be the duration of spousal support; the litigants are also reminded that “permanent” spousal support” is decided, at trial, on a different analysis (see Family Code section 4320).

Background

Wife filed the Petition for Dissolution on 6/18/19 after 9 ½ years of marriage and no minor children on 6/18/19; marriage was in 2010 and separation in 6/2019; on 8/16/19 husband filed a response to the Petition.

On 7/31 wife filed a RFO seeking spousal support; she is asking the Court to assist her with spousal support from husband; she is having a hard time paying for monthly expenses; was married for 9 ½ years and her spouse paid for most of the expenses; she has had a medical problem that only allows her to work part time since 2/2019.

Wife’s I&E

Filed 8/20; reports she is employed; reports that she earned $1,280 per month for past 12 months and also earned that same sum “last month; filed tax returns in 2018; husband is self-employed; she estimates his income is $3,500 to $4,000 per month; wife reports no assets except $350 cash; her living expenses are $1,424/mo; she attaches a letter from Santa Barbara Neighborhood Clinic, dated 2/2019, that reports she can work up to four hours; she has had a history of back problems.

Husband’s Response

There is a Proof of Service in the file; the RFO was timely served on husband on 8/23/19; albeit he has had more than enough time to respond, the Court could not find any response to the RFO filed; there is nothing in the file to explain why.

Case Management Conference is set for 10/1/19.

The Court’s Conclusions

The Court should advance the CMC to 9/24 and should set spousal support and a trial date when the issue of amount and duration of support can be addressed again.