Case Last Refreshed: 3 years ago
Capello, Polly, filed a(n) Divorce,Separation - Family case against Capello, Steven, in the jurisdiction of Fresno County. This case was filed in Fresno County Superior Courts with Zepeda, Francine presiding.
Case Number |
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Filing DateOctober 19, 2017 |
CategoryDissolution - Minor Children |
Last RefreshedFebruary 21, 2021 |
Practice AreaFamily |
Filing LocationFresno County, CA |
Matter TypeDivorce,Separation |
Case Outcome TypeJudgment |
Case Cycle Time168 days |
| Date | Type | Description | |
|---|---|---|---|
| August 14, 2019 | Docket Event | Wage Assignment Order | |
| August 13, 2019 | Docket Event |
Documents sent to (Dept 201) OAH (earnings assignment order) w/out file (w/3 copies&S.A.S.E.) |
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| July 01, 2019 | Docket Event |
Ruling
Judge: Mangano, Robert |
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| July 01, 2019 | Docket Event |
Judge Mangano minute order. See attached. Petitioner Present/Pro per Respondent Not Present Hearing Type: Spousal Support/Ruling Other: The matter was continued from 6/3/2019 and set on today's date for a ruling as to spousal support. See attachment for the Spousal Support Order. Polly Capello (McEnhaney) v Steven Capello (17CEFL06219) In ordering spousal support, this Court considered all of the factors set forth in Family Code section 4320. Petitioner Polly Capello presented sworn testimony on June 3, 2019. No documentation or other evidence was introduced. Respondent Steven Capello declined to participate in the proceedings. The material standard of living was that of working class/low income. Family Code section 4320(a). A home purchased in Sanger in 2003 was foreclosed upon, for reasons Petitioner did not know, and a vehicle was repossessed as well. There were no assets and no debt from the marriage. Vacations consisted of trips by car to destinations in Los Angeles (e.g., Disneyland) as well as trips by car to Texas. The Court has considered Family Code 4320(a)(1), and found Petitioner to have worked for the majority of the marriage for Sanger Unified School District as a Teacher's Assistant. Additional schooling and training would be required to progress to positions within the school district of greater responsibility and thus more marketable skills or employment. The Court considered Family Code 4320(a)(2) and finds that Petitioner worked for the majority of their marriage. The Court finds no evidence to suggest Petitioner contributed to the education, career, or training of the Respondent, who is currently employed a baker, and was so employed for the majority of the marriage. These skills and training were obtained on the job. Family Code 4320(b). The Court finds Respondent has the ability to pay spousal support, based on Petitioner's sworn testimony. As indicated, Respondent has declined to participate in these proceedings. Family Code 4320(c). Petitioner's current earnings are insufficient to cover all the expenses of the standard of living established during the marriage. Family Code 4320(d). The Court has, based on the available evidence, examined the obligations and assets of both parties (Family Code 4320(e)), the duration of the marriage (approximately 15 years) (Family Code 4320(f)), the ability of Petitioner to engage in employment without unduly interfering with the interests of the dependent child does not apply because all children of the marriage are adults (Family Code 4320(g)), and the age and health of both parties, which is good and permits both parties to work (Family Code 4320(h). No evidence of domestic violence was presented. Family Code 4320(i). Spousal support payments are taxable to the Petitioner and deductible to the Respondent. Family Code 4320(j). The Court has considered the balance of hardships and other factors. Family Code 4320(k) and (n). This is a long-term marriage. Family Code 4320(l). There was no evidence presented to support Family Code 4320(m). Based on the following analysis, the Court orders permanent spousal support in the amount of $200 a month. The first payment is due August 1, 2019. Based on the date of filing the Request For Order of January 23, 2019, arrears are due for the months of February 2019 - July 2019 (6 months @ $200 = $1,200). Payments to be made in the amount of $25 a month, until the arrears are paid in full. Payments on the arrears are due by the 15th of each month, until paid in full. If the payment on the arrears is late, the entire past due amount is immediately due and payable, and will accrue interest at the state-mandated rate of interest. A wage assignment will be issued, but is not required to be served. A Gavron warning was given to Petitioner Capello. Based on the length of the marriage, the Court reserves jurisdiction over permanent spousal support. This minute order shall serve as the order of the court and service by the clerk shall constitute notice of the order. Date: July 1, 2019 ______________________________________________ Judge of the Superior Court |
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| June 03, 2019 | Docket Event |
Judge Mangano minute order. See attached. Dept: 201 Time: 1:30 pm Judge: R. Mangano Clerk: K. Reeves Reporter: A Gai Petitioner:Present: Pro Per Respondent:Not Present Continued to: 7/1/19: 11:00am: Dept: 201: S/S Ruling Other: Canon 3 Disclosure given by Judge Mangano The matter was set on today's calendar by the filing of a Request for Order by the Petitioner requesting Spousal Support. The Court finds that judgment was entered on 4/5/2018 with Spousal Support being reserved. Within the Request for Order the Petitioner attached FC4320 factors. The Court asked direct questions of the Petitioner as to the FC4320 factors which included lifestyle during the marriage which included income of the parties. The Court also inquired as to the current employment of the parties. The Court will set the matter for Ruling on 07/01/2019 at 11:00 a.m. The Court will prepare the ruling in writing and will address it with the Petitioner on that day. |
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| June 03, 2019 | Docket Event |
Modification OSC/Motion SS Judge: Mangano, Robert |
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| May 06, 2019 | Docket Event |
Proof of Service by Mail Party Served: Steven Capello on 05/03/19 |
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| March 29, 2019 | Docket Event |
Documents sent to BOX 1, conformed copies for petitioner |
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| March 25, 2019 | Docket Event |
Modification OSC/Motion CS Judge: Mangano, Robert |
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| March 25, 2019 | Docket Event | Income and Expense Declaration |
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