In re Lawley

MEMORANDUM DECISION SUSTAINING OBJECTION TO CLAIM OF HOMESTEAD EXEMPTION

Creditor Kelli Lyerla (“Kelli”), the former wife of Debtor Terrance L. Lawley (“Terry”), has objected to the amount of the homestead exemption claimed by Terry. She disputes his contention that he is a “member of a family unit,” which is the basis of his claim for the enhanced amount of his claim.

FACTS

When their marriage was dissolved in 1987, Terry and Kelli were awarded joint custody of their minor children, Erin, born on January 14, 1982 and Jake, born on March 12, 1984. The residence, which is the property presently claimed as a homestead, was granted to Terry as his sole and separate property. Since physical custody of the children was to be shared “as evenly as possible,” neither parent was awarded child support payments. This arrangement was changed in January of 1990 (the written order was not filed until March 12, 1990) when the Solano Superior Court awarded Kelli “primary physical custody” of the children, although each party retained joint legal custody. Terry was granted visitation for the first three weekends of each month, the first three and the last three weeks of the nine weeks of summer…