Marriage of Sample CA3

BACKGROUND

In June 2010, father filed a motion in the trial court addressing numerous issues, including overpayment of child support, implementing recommendations made in a Family Code section 3111 evaluation, and requesting attorney fees. Mother opposed the motion and filed her own motion seeking a modification of child support and attorney fees. On August 19, 2010, the trial court ruled on each of the issues raised in father’s motion except his request for fees and the overpayment of child support. Those remaining issues were set for further hearing and the parties were ordered to return in December to review progress on coparenting counseling. After several continuances, on November 4, 2010, the trial court again continued mother’s motion to modify child support at mother’s request, but noted “the Court will not look favorably upon another request for a continuance without good cause.” The trial court also clarified the issues set for hearing: (1) mother’s motion to modify child support; (2) father’s motion to determine the over payment of child support; (3) father’s request for sanctions; (4) review of coparenting counseling; and (5) the parties’ request for attorney fees.…