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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32619
Experience:  JD, 17 years legal experience including family law
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This question is for Tina I go to court on August 7th dealing

Customer Question

This question is for Tina
I go to court on August 7th dealing with visitation, child support and spousal support. I am going to Norway on August 11th for two weeks. My kids have their primary residence with me. I have to notify their mother that about the trip and she has to take care of the kids by herself. Is this trip going to be used against me in court since she is trying to obtain 50/50 timeshare to up the child support? Also, can you review a declaration?
thank you
bruce
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and thank you for requesting me.

Before I can give you an accurate answer to your question, please provide the following additional information:

What is the purpose of your trip to Norway? What issues are to be heard on the 7th of August? I can review a declaration and provide feedback if you attach it here.

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

I am a historian and playwright and I will be conducting two readings of my latest play in Norwegian. My trip is paid for by the Norwegian Foreign Ministry. The project also involves military veterans and their reintegration through drama therapy. The children's mother is taking me to court to change the time share to 50/50 and get child support and get back spousal support and get her lawyers fees. I tried to attach my declaration but the attachment connection is not working very well for JustAnswer.

Expert:  Tina replied 1 year ago.
Hello again, Bruce, and thank you for providing this additional information.

The two week trip out of the country by itself would not typically work against you with regard to the custody/visitation arrangement. Your ex would typically need to show a substantial change in circumstances to warrant a change in custody, and this would not typically rise to that level.

If you can paste the test you want me to review here, that should work. And please let me know what feedback you are seeking with regard to the declaration.

Customer: replied 1 year ago.

I just want to know if my declaration would seem logical and well organized and persuasive to a judge.


___________________________________________


 


PERSONAL DECLARATION IN SUPPORT OF FL-320


CASE NUMBER: KD071470


 


PETITIONER: Bruce O. Solheim


RESPONDENT: Heather E. Owens (Solheim)


 


I, Bruce O. Solheim, hereby declare that I am the Petitioner in this action, I am over eighteen years of age and if called as a witness I could and would testify to the facts set forth here from my own personal knowledge and experience except as to any matters alleged based on my information and belief and as to those matter I believe the facts to be as I have state here. The Respondent and I are the parents of Caitlin O. Solheim, born April 14, 1996, and Leif O. Solheim, born December 16, 1999. I would like to provide a quick background history of this case.


 


In 2008 the Respondent and I were divorced and the agreement allowed the Respondent to remain in the home with the children. By 2010 the home had been repossessed by the bank because the payments were not being met by the Respondent. I was paying the Respondent $3600 per month in Family Support. The Respondent then said that she was moving to Seattle, WA and taking the children with her for unknown reasons. She supposedly wanted to go to nursing school. I was forced to file an RFO to keep the children in California near me, their primary parent, and near their friends and in the Glendora schools that they had attended since Kindergarten. A stipulation order was approved by the court in June 2010 which granted me custody while she was in Seattle and worked out some visitation arrangements. At that point the Respondent then moved to Seattle on her own and I had custody of the children. By Christmas of 2010 she returned and was wanting to figure out a new timeshare. I worked with her as best I could, but then she was dissatisfied and filed an RFO in 2012 to change the custody and visitation agreement. We reached agreement on March 1, 2012. The children live with me primarily (actual timeshare approximately 66 percent with me and 34 percent with the Respondent) since I have them 4 nights per week and the Respondent has them 3 nights per week plus I live in Glendora school district which is where the children attend school. I paid for all legal fees up to that point ($16,145). That brings us to the present RFO filed May 30, 2013.


 


I agree to Guideline child support based on the incomes of the Respondent and myself and the actual typical time share which would preclude the Respondent from being granted an income tax exemption for the children since they are with me 66 percent of the time. Please refer to Attachment A which breaks down the typical actual time share during the school year in this case.


 


As for the alleged spousal support arrearages, I would like to bring your attention to lines 18-23, paragraph 14, page 4 of the June 7, 2010 stipulation (see attachment B): "This order shall continue until December 31, 2012. The parties contemplate that the Respondent will obtain her degree as a registered nurse by December 31, 2012. In the event the Respondent is unable to complete the requirements to become a registered nurse by December 31, 2012, the Petitioner shall pay support to the Respondent until June 30, 2013. Spousal support shall be reduced to zero (-0-) on June 30, 2013." I made my last spousal support payment in December 2012 and informed the Respondent that I considered my support obligations to be satisfied. I emailed the Respondent to notify her of such and said that we could negotiate this if she disagreed (see attachment C). She chose to not negotiate after attempting to explain her not going to nursing school.


 


The botXXXXX XXXXXne is that she never entered nursing school, never attempted to obtain a nursing degree, so I believe that this makes the extra six months of spousal support to be a contingent extension under which the conditions for the extension were not met. I am referring to California Code 4334 (see attachment D) which states that: "If a court orders spousal support for a contingent period of time, the obligation of the supporting party terminates on the happening of the contingency . . . If the supported party fails to notify the supporting party, or the attorney of record of the supporting party, of the happening of the contingency and continues to accept spousal support payments, the supported party shall refund payments received that accrued after the happening of the contingency . . ." Since the Respondent never attempted to obtain her nursing degree she did not satisfy the intent of the agreement. Please see attachment E where the Respondent says that "I promise you as soon as I have a job back here then you can stop paying spousal support." This demonstrates the circumstances surrounding the intent of the agreement. Therefore, I do not agree to paying the six month extension of the spousal support.


 


The Respondent has asked for a modification of a current child custody/visitation orders from the March 1, 2012 Parenting Plan agreed to in mediation. I must point out that the Respondent filed a RFO last year to modify the Parenting Plan. The Respondent now falsely claims that it provides a 50/50 timeshare. That is not correct. Oddly, later in her RFO, she asks for a 50/50 timeshare even thought she claims that it is already 50/50. The court order shows that the Respondent has visitation three nights a week (Wednesday, Thursday, Friday the first week, and Wednesday, Friday, Saturday the second week). The remaining four nights are spent with me (please see attachment F). Furthermore, I have attached attachment A that shows the typical actual amount of time I spend in charge of the children during the school year. I am responsible for the children on average, 66 percent of the time. This is because the children have their primary residence with me in Glendora which is the school district for both of the children. The children each have their own rooms in our house and this is their primary residence and residence of record for school. The Respondent lives in San Dimas in a 2 bedroom condo and works in San Bernardino and other branch offices of Life Care Solutions including one in San Diego where she has to go to occasionally. I work at Citrus College which is only a few miles from our home and close to both the middle school and high school that the children attend. Please see attachment G which shows the locations of the schools the children attend, my workplace, the Respondent's workplace, our home, and the Respondent's condo. On a normal week during the school year I am responsible for the children getting to and from school and their appointments and in case they are sick even on days where the Respondent has visitation. She picks them up in the evening and drops them off in the morning on her way to work. My work schedule as a professor at Citrus College allows me to be available for the children. I realize that the children need and want to have regular contact with their mother, but her living arrangements and work situation are simply not satisfactory for providing the support the children need. Her condo landlord returns several times a year and stays at the condo with his wife in one of the bedrooms. That means that the Respondent has to share one bedroom with both children. Even when the landlord is not present, the children still have to share the extra bedroom. Therefore, I see no benefit for the children to try to change the visitation and time share schedule. It appears as if the motivation for changing the timeshare is to bump up the child support that is now being requested by the Respondent.


 


In terms of the Respondent's request for attorney fees, I would like to point out that in previous actions (the initial divorce of 2008, the stipulation of 2010 based on the Respondent trying to move the children out of state and away from me, and the custody/visitation RFO from 2012, I retained an attorney and have paid more than $16,000 in legal fees. I do not agree that I should also have to pay the Respondent's current legal fees in light of the fact that I have paid enough already and her motivation here seems to be to increase timeshare and maximize child support. I am totally dedicated to my children and their health and comfort. I want to work with their mother but that has proven to be a very difficult thing to do.


 


I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct.


 


Date:


 


 


______________________________________ _______________________________________


PRINT NAME SIGNATURE OF DECLARANT

Expert:  Tina replied 1 year ago.
Hello again, Bruce.

Yes, this appears to be well written and persuasive. I would consider adding to the section regarding child custody/visitation, that the Respondent has not met her burden of proving there are significantly changed circumstances to warrant a modification of custody/visitation.

Then be ready to hit the major points at the hearing. Courts typically dislike long-winded speeches, so if you can summarize this in a few concise sentences at the hearing, that will usually work in your favor.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina




Tina, Lawyer
Category: Family Law
Satisfied Customers: 32619
Experience: JD, 17 years legal experience including family law
Tina and 2 other Family Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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Tina
Tina
Family Lawyer
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JD, 17 years legal experience including family law