Juan Villaruel and Arcelia Mendoza
Case No: 16FL02368
Hearing Date: Tue Aug 06, 2019 10:30

Nature of Proceedings: Req. for Order: Modify Child Custody/Child Support/Visit

Respondent’s Req. for Order: Modify Child Custody/Child Support/Visit

Attorneys: Daniel A. Murphy for Petitioner [“father”]; Respondent [“mother”] in pro per

Rulings:

1. The Mediation date will be set from the courtroom; we have their calendars; mother and father shall bring their calendars to clear the date set; I note they both work; mediation is set for ________________2019. Neither father nor mother shall cancel or not appear; the date is firm and mandatory. Father’s I&E and Response to be filed by __________________2019; mother’s Reply filed by ________________2019; the hearing will be on______________ 2019 at 10:30 am in this Department.

2. Mother and father reported that the minor child has/has not graduated and she will be 18 in 10/2019; child support is payable through ________________.

Background

Father’s ex parte order request filed 6/7

On 6/7 father sought an ex parte order; after hearing the Court ordered: This matter came on regularly for an Ex Parte hearing on Petitioner’s request for an Order directing the Clerk of the Court to Execute two (2) Quitclaim Deeds for two Lompoc properties awarded to Petitioner in the Judgment of Dissolution entered August 3, 2018. Daniel A. Murphy appeared on behalf of Petitioner, Respondent did not appear or file any opposition. Having read the paperwork, the Court ruled as follows: The Clerk of the Court shall execute a Quitclaim Deed for 1325 W. Cherry Avenue, Lompoc, CA, APN#089-290-13. The Clerk of the Court shall also execute a Quitclaim Deed for 821 Maple Avenue, Lompoc, CA, APN#089-174—016.

Mother’s RFO filed 6/27

Mother seeks to modify the judgment entered on 8/3/18 that ordered joint legal and physical custody with father having 50% time share; there is one child DOB 10/2001 now age 17; she wants to change the order related to child custody [she seeks joint legal custody and sole physical custody]; wants to modify visitation and child support.

Specifically she wants to change the current schedule for visitation with their daughter; reports that father does not have 50% custody; they are NOT doing one week off and one week on since Judgment was filed 8/3/18; daughter is with mother 95% of the time and 5% of the time with father; she wants to change the child support paid.

Mother’s I&E

On 6/27 mother filed her income and expense declaration; she earns $3,239/mo as a lead cook; also has $1,400/mo rental income.

The file reflects POS on 7/3.

Response

Father has unaccountably not filed a Response.

The Court’s conclusions

I need to know if the minor child has graduated from high school and this is only a child support order until 10/2019 or the child will not graduate until 6/2020; mother does not tell me. Also I am very perplexed why there is not a response in the file. The Court sees that father is paying child support since judgment was entered of $427/mo [based on his income of $6,600 plus outside income]. This does not appear like a case that should have no response at all. Moreover, there is no mediation scheduled; that could have been done earlier and the Court could get this matter solved sooner than later. Now all I can do is continue it. A mediation date will be set in the Court room.