Robert Martin Daniels

Family law attorney and mediator with substantial trial experience in both family law and other fields, including business, real estate, and other civil matters.

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• Rates, Retainers and Additional Information
  My rate ranges from $450 - $495 per hour depending on the particular circumstances of the matter. Staff/associate rates range between $225 - $395 per hour.

California

State Bar of California

ID Number: 228109

Since 2003

San Diego State Univ

Undergraduate Degree

University of San Diego School of Law

Law Degree

North County Bar Association

Past President (2017)

2010 - Current

California State Bar  # 228109

Member

2003 - Current

Q. Is it possible for my son’s father to get visitations removed?

March 26, 2024

A: If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).

Child support is separate. Case law requires the court to calculate the time split for child support purposes based on the actual amount of time each parent has the child; not what's written on paper. So your time split is probably 99/1. He is unlikely to get more time than what he has not since he has not exercised visitation over the past couple years, so his efforts to get child support reduced will probably fail.



Waiving child support in exchange for zero-contact is something you and Father can stipulate to, but I don't see a judge ordering that without both of you agreeing. Also, if either one of you were to change your mind down the road, a court would revisit custody/visitation/support. You can't make those waivers permanent. ... Read More

Q. What is the date used to calculate the home equity? Date of separation (September 2021) or at present time.

March 25, 2024

A: Unless the court grants a motion to value the house at a different date, the court will take values and encumbrances as of the date of trial (or as close as possible). However, if you've paid down a community debt using your separate property (typically your paycheck after your separate), then the court has discretion to reimburse you under In re Marriage of Epstein (1979) 24 Cal. 3d 76. There are referred to as Epstein credits. Now watch out: if you've simultaneously lived at the house since you separated, the other party may claim reimbursement for the fair market rental value of the house under In re Marriage of Watts (1985) 171 Cal. App. 3d 366. These are called Watts credits. Frequently, but not always, the Epsteins cancel out the Watts. Here's an example:

Husband and Wife own a home worth $1 million. Mortgage is $5k/month. If you put it up for rent, it'd fetch about the same: $5k a month. Husband moves out and Wife stays and pays the mortgage for two years until the case gets to trial. She tells the judge, "I paid $120k in community debt and reduced our principal by $35k. Reimburse me, judge!" Husband will reply, "Well, I had to rent a crummy apartment for about the same. Had Wife moved out, we could have had a tenant all this time paying us rent. Why should I have to pay rent AND half the mortgage? Reimburse ME!"

Point is, even though you paid down the mortgage, you may have also enjoyed the benefit of living there. Final thought: Epsteins and Watts are "equitable" remedies, meaning the court has discretion to do what's equitable. Make sure you present facts to show why your position is fair and equitable. Maybe your 6 kids were living at the house and he didn't pay any child support. Judges like facts more than arguments. ... Read More

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