Settlement Conference - CA

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Re: Settlement Conference - CA

Unread postby Outis » Tue Feb 14, 2017 11:30 am

The term "primary physical custody," though frequently employed, is not found in the code. It seems to be the equivalent of "primary caretaker," as used in section 3086. The significance of the latter term is explained in Hogoboom and King, California Practice Guide: Family Law 1 (The Rutter Group 1995) paragraph 7:361, page 7-89: "Joint custody orders can complicate the administration of public assistance programs. To alleviate the problem, the court is authorized to specify one of the parents as the `primary caretaker'...."


I haven't read the Practice Guide, but the quote seems to reinforce the code previously mentioned - any such designation is strictly related to public assistance/aid.

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Re: Settlement Conference - CA

Unread postby iamthedad » Thu Feb 23, 2017 6:03 pm

Outis wrote:Joint is fine. Designate your address for school. With previous issues, you should prevail on that in trial, should it be necessary. Feel free to hammer that point home in settlement discussions. Does she really want her history back in front of a judge?

Primary has no meaning in CA. I think there's case law stating that, and I'd be happy to find it if necessary. Pretty sure it's on my PC.


Tons of my paperwork shows NJ as "Primary". I have joint legal and physical, 50/50 and it's defined 2/2/3. I've asked many times about that "Primary" thing since frankly I'm offended by it as if anyone is "Primary" it's me based on what I fund and my involvement versus NJs. I've been told she's labeled as "primary" because she is the parent collecting the support. I don't mind saying it makes my blood boil, but I've not seen it truly matter beyond that. Just sayin'.
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Re: Settlement Conference - CA

Unread postby quantum » Thu Feb 23, 2017 8:01 pm

That's only for the purposes of support. Its called custodial parent not primary parent. For the calculation of support, one parent is always Custodial parent(usually lower imcome) and other parent is Non custodial parent(NCP).

As Outis said somewhere in this thread there is no primary parent as such in a joint physical/legal situation in California
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Re: Settlement Conference - CA

Unread postby gamingdad » Thu Feb 23, 2017 8:05 pm

Thank you gentlemen for the reiteration. Helps crystalize it in my nogan.
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Re: Settlement Conference - CA

Unread postby gamingdad » Mon Mar 27, 2017 10:08 pm

Another conference in 3 weeks.
Just got the 401(k) loan info to my laywer. Basically a $20k loan with my tax responsibility on $12k and STBX on $8k.
She's not gonna be happy, but alas, date of separation makes it so.
Next couple of weeks will be long emails to laywer of what I'd like to see laid out, offered..Etc..
I'm still wishy washy about SS.
Honesty a little scared if she baulks at my offers, forcing a trial. Hopefully her attorney can talk some sense into her as well.
I am prepared to offer $100 a month for 24 months.
Depending on how hard she pushes back, will I look at buying her out with $10k portion from my 401(k) for no SS.
Anyone able to come up with a number where I just offer that upon declined offers of SS?
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Re: Settlement Conference - CA

Unread postby gamingdad » Tue Apr 11, 2017 11:51 am

Sending an email to my lawyer in prep for the next conference in a week:
Here is a list I made and will add to based on suggestions on what to cover:

Spousal support: $100 per month for 24 months
Right of First Refusal: 4 hours
Split costs of medical, dental, school, car/insurance, activities, etc: me 63%, her 37%
I assume $5000 dental bill for her and kiddo
I assume 50% of medical debt prior to filing.
joint legal, joint physical custody
school placement in continuation of current track through school district.
Standard 7/7, holidays, spring break, christmas break, birthdays.
move away geographical restrictions, dependant stays with residential parent
Move away further than 50 miles, the moving parent is responsible for transportation and costs to and from.

The thinking is, if she balks at the SS, then the split costs go to 50% each, and split dental bill 50/50.
And I push on her getting imputed at her book keeper rate, we use my maritial standard of living, include a reduced need for support due to co-habitation to recalculate SS.

Thoughts?
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Re: Settlement Conference - CA

Unread postby FlyGuySLO » Sat Apr 15, 2017 4:29 pm

This is a good deal, especially the support - unless you had a very short term marriage and were pretty low income. I didn't re-read the whole thread but this is reasonable and something that will allow you to disentangle and move on asap.

If she doesn't take it, move a teeny tiny bit and then if she still doesn't accept, tell her you're going to trial and cut off all communication.

Good luck.
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Re: Settlement Conference - CA

Unread postby gamingdad » Sat Apr 15, 2017 6:27 pm

Marriage was over 10 years, and the average marital income was between $44-48k a year.
Unfortunately she's getting SS based off new job income, but case law has been found that should negate that, however since we are in conference, there is no updated order from the judge to reflect that.
So a big wall is her sense of entitlement both as a BPD and what the judge ordered previously that we had objected to without the case law that had been found since then, but is now referenced in our most recent response along with imputed income and reduced need due to cohabitation.
Monday should be interesting, either I'm that much closer to being done, or another delay that only she benefits from due to SS and health insurance.
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Re: Settlement Conference - CA

Unread postby gamingdad » Mon Apr 17, 2017 4:16 pm

So it's looking like $350 for 5 years
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Re: Settlement Conference - CA

Unread postby RC611V » Mon Apr 17, 2017 4:21 pm

350 a month? You're in court today?
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