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David Ryan Monarch

David Monarch’s Answers

14 total


  • 2 Kids, child support is unallocated. Oldest child is 18 and Graduates in 6 weeks. What form I need to file to modify support?

    I have been stuck with unallocated child support where 2 children are involved. One child is 18 and will graduate HS in 6 weeks. Other child will be 18/graduate HS Sept 2016. What form(s) do I need to file so that support will be reduced due to t...

    David’s Answer

    You need to file a Request for Order to modify the current child support order so that it is allocated between the two children. The forms to file are FL-300 and FL-150. The guideline order will be allocated, and it will have a clause regarding termination when the minor child is 18 and graduates from high school, or age 19, whichever occurs first.

    The court can make the order retroactive to the date you file the Request for Order. Therefore make sure you file it ASAP.

    However, be warned that if your income has gone up, or if your custodial timeshare has gone down, guideline child support may go up. You should consult with an attorney before you file this request to ensure that your payment will not go up based on your current income and timeshare.

    Good luck

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  • What is my chance to win a motion to move to another city?

    I was unemployed for seven years before my child was born. I finally found a position and started working again after 7 years gap. However the commute is challenging so my child (now 5) doesn't get to see me as much as before. Meanwhile my ex just...

    David’s Answer

    It is impossible for any attorney to tell you the likelihood of the court granting your request to relocate your children to a new city based on the limited facts provided. However, you state you currently have 60% custody, therefore it appears as if you successfully relocated the minor child's primary residence to your city. I would make sure that you are not in violation of the court order by reviewing its terms. I am not sure if the new city is in the same county as the old city, but if it is not, you probably are not violating the order.

    If you share joint legal custody with the father, you will not be able to enroll the child into the new school without an agreement by your ex or court order. If you have sole legal custody, you can enroll the child without his consent. At any rate, if he has joint legal custody you will need to file a Request for Order and request final decision making authority over school related issues. You will need to state facts as to why such an order would be in the child's best interest.

    It is always best for the parents to agree to terms than for a court to make a ruling for you. You might want to reach out to your ex first to see if you can agree to terms. The worst he can say is no. If no agreement is reached, you can file the RFO.

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  • Child support and a 3 year average of income ?

    I am up for modification and just got a temporary order that is not considering my long term income , pending completion of a child custody hearing for increased timeshare. The temporary order takes 21% of my gross straight down the middle and tha...

    David’s Answer

    The court is required to consider an appropriate sample period to determine income that fluctuates monthly. Courts typically use a period of 12 months.

    Your question stated that the fluctuation of your income is based on overtime. You should request an Ostler/Smith order, which is an order where support is based on your base monthly salary, and you would pay a percentage of your overtime earnings to your ex for support. This way, you only pay based on working 120 hours overtime per month, if you actually work it.

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  • When and can I request a modification?

    My daughters father and I currently have a visitation order where he has super visitations on Wednesdays and Saturdays. I'd like to ask the court to allow me to have one weekend per month with no weekend visitation so that I am able to take my chi...

    David’s Answer

    File a Request for Order requesting a modification to the visitation order. Specify a proposed order that you believe would be in the children's best interest. Make sure you state facts explaining why this schedule is in the best interest of the children. Your county may have a self help desk at the court house. If so, use this service to help you prepare the Request for Order. Once it is filed, you will receive a mediation date and a hearing date. You will need to have your ex personally served with the Request for Order and Order to Attend Mediation. Good luck.

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  • How many days before a court date do I have to file a response?

    My son's mom filed to take sole decision making for our son's ADHD. She wants to medicate and I want to try drug-free alternatives. I have introduce our son to transcendental meditation which has been proven to help. The mom has agreed to this. I ...

    David’s Answer

    it must be filed and served 9 court days before the hearing.

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  • Child support, always retroactive.?

    Is child support always retroactive from the date of filing or is it discretionary and totally up to the whim of the Judge? I'm caring for our child 6 days per week during the daytime, while he works. He's been fighting the support case with con...

    David’s Answer

    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 up to ensure you receive a fair guideline order. Further, they will know how to serve a subpoena correctly to ensure that there are no procedural defects and that the court considers the evidence you are requesting.

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  • 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

    we both summited delectations already, i just wanna add extra

    David’s Answer

    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 (not sure if a hearsay exception applies), and you might lose that information you want the court to consider. If you are going to call the authors of the letters as a witness, you will need to serve a witness list on your opposition. The witness list should give a brief summary on what the witness will testify to.

    This is the best answer I can give you with the limited information provided.

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

    I am filing an OSC affidavit for contempt for family law for over 250 counts against the opposing party for not following our custody court order. Am I supposed to attach all my evidence that proves my claim as exhibits and file it altogether or ...

    David’s Answer

    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 to comply" or "willful disregard of the court order." However, just because the exhibits are attached to your affidavit does not mean it is in evidence. You will have to lay the foundation for each exhibit for them to be admitted into evidence.

    A contempt is a quasi criminal action, and therefore your ex will be entitled to an attorney if they cannot afford one. You most likely will not win if you are not represented, and you will not get another bite at the apple because double jeopardy will apply. If you do not prevail, your ex will feel more empowered.

    Lastly, 250 counts of contempt may require a jury trial since the punishment for each contempt could be 5 days in jail. That is 1250 days in jail. That is pretty much what you are asking the court to do when you file a contempt.

    I would strongly consider a different approach other then filing a contempt. I strongly recommend that you consult with an attorney in your area for the best option.

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

    My ex and I had a custody agreement that I have sole custody and he will see her every weekend of the month. During this time, he could barely keep up his part, always making excuses like "I can't take her this weekend because I have chores to do...

    David’s Answer

    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.

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

    My ex and I share legal custody, I have physical custody, and he has visitation every other weekend, 6 weeks in the summer and every other holiday. At the time we thought we would be staying in VA much longer but since then we have both relocated,...

    David’s Answer

    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 that it is in the best interest for your daughter to exercise the monthly visits in CA. After you file it, you need to serve him with a copy of it.

    If you are trying to avoid court, you can offer a proposal to your ex. If he agrees, the terms of the agreement can be adopted into a stipulation and order and filed with the court.

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