David Ryan Monarch’s Answers

David Ryan Monarch

Aliso Viejo Divorce / Separation Lawyer.

Contributor Level 4
  1. My ex-husband and I are both in the Military. We got divorced in VA and have both already relocated. I need custody advice.

    Answered 6 days ago.

    1. David Ryan Monarch
    2. Andrea Whitehill
    2 lawyer answers

    Yes, your prior order is still valid. You must comply with the terms of the order until it is modified. You should register the VA order in California. If you have lived with your daughter in CA for 6 months, CA will take over jurisdiction to make custody orders. Once it is registered, you will receive a new case number. Afterwards, you can file a Request for Order to modify your current order. You will need to include facts in your Request for Order that will support your position...

    3 lawyers agreed with this answer

  2. Can I adjust my child support after signing a stipulation in court agreeing to a certain amount?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. David Ryan Monarch
    3. Morghan L Richardson
    3 lawyer answers

    You should immediately file a Request for Order to modify the child support order and preserve a retroactivity date. You will have to show some change of circumstance between the date you signed the Stipulation until now. Unlike a change of custody, it is not a substantial change of circumstance...it can be ANY change of cirmcumstance. The 2013 state and federal tax increases might be able to suffice.

    3 lawyers agreed with this answer

  3. Child support, always retroactive.?

    Answered 1 day ago.

    1. David Ryan Monarch
    2. Charles Joseph Morris Jr
    3. April Kang Seo
    3 lawyer answers

    The court always has discretion to order child support retroactive. However, depending on the scenario, it may go back to the filing date of the RFO, or the date of service of the RFO. You should consult with an attorney in your area. Although it cost money to retain an attorney, you will probably make up that cost by having a greater potential for a higher support order. Family law attorneys understand the program used to calculate guideline support and what factors you need to prove...

    2 lawyers agreed with this answer

  4. Can I get full custody without visitation from the non-custodial parent?

    Answered 6 days ago.

    1. David Ryan Monarch
    2. Michael Edward Finein
    3. Andrea Whitehill
    3 lawyer answers

    You can file a Request for Order to modify his visitation schedule. I would suggest to ask the court to suspend visitation with the minor child and ask for Reunification therapy be ordered for your daughter and the father. Father to pay for the cost. All contact between child and father to be coordinated by the reunification therapist. If he fails to cooperate or otherwise not complete reunification therapy, visitation to remain suspended.

    2 lawyers agreed with this answer

  5. What would I need to prove, to get my husband's visitations to be supervised?

    Answered 7 days ago.

    1. David Ryan Monarch
    2. Yangkyoung Lee
    2 lawyer answers

    You should file a RFO and request sole physical custody and monitored visitation for your husband. You will need to provide evidence to support that your request is in the children's best interest. In determining the child's best interest, trial courts also must consider either parent's “habitual or continual” alcohol abuse, their “habitual or continual” illegal use of controlled substances, or their “habitual or continual” abuse of prescribed controlled substances (as defined in Health &...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Do I wait to show my evidence at trial or do I submit it and file it as exhibits?

    Answered 3 days ago.

    1. David Ryan Monarch
    2. Andrea Whitehill
    3. Lloyd A. Pont
    3 lawyer answers

    It will be a huge mistake for you to represent yourself at a contempt hearing. You will take the role as a prosecutor, and will have to prove ALL elements of contempt for all 250 counts. The standard of proof is beyond reasonable doubt. The citee will not have to testify if they do not want to. Your affidavit for contempt must set forth facts for each contempt element for every count of contempt. Therefore you may need to attach exhibits you your affidavit in order to demonstrate "ability...

    1 lawyer agreed with this answer

  7. For what reasons can I ASK THE COURT TO CONTINUE MY TRIAL IN MY DIVORCE IF I AM NOT READY?

    Answered 6 days ago.

    1. David Ryan Monarch
    2. Robert Andrew Michael Burns
    2 lawyer answers

    California Rule of Court 3.1332: (Motion or application for continuance of trial) (a) Trial dates are firm To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain. (Subd (a) repealed and adopted effective January 1, 2004; amended effective January 1, 1995.) (b) Motion or application A party seeking a continuance of the date set for trial, whether contested or uncontested...

    1 lawyer agreed with this answer

  8. Family Code section 7501 Applies to what scenario? In move away/ child relocation cases. Child custody.

    Answered about 2 years ago.

    1. David Ryan Monarch
    1 lawyer answer

    Yes. It would be treated the same way as it would in an initual custody dispute. A move-away contest between parents that arises at an initial custody adjudication is governed by the same standards and analysis applicable to any custody dispute. The court has broad discretion, and is to look at all the circumstances bearing on the best interest of the child. This includes the mandatory factors set forth in Family Code section 3011. Marriage of Burgess (1996) 13 C4th 25, 31-32....

    1 person marked this answer as helpful

  9. I want to add letters to a deceleration but i am not sure how to do it. my friend suggested mc 030 but im not 100 percent on it

    Answered 2 days ago.

    1. David Ryan Monarch
    2. Robert Andrew Michael Burns
    2 lawyer answers

    You can file a reply declaration or a supplemental declaration prior to the hearing, provided it is timely. However, just because you attached letters to a declaration does not mean it comes into evidence automatically. It is hearsay. You should plan on having the person who wrote the letters appear at the hearing. You can do that by serving a subpoena. Otherwise, if your opposition is represented, they will object to your letters as hearsay, they most likely will wont come into evidence (...