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12345CAROLE D. BALDWIN, CFLS, SBN 213310BALDWIN & BALDWIN9171 Towne Centre Drive, Suite 440San Diego, CA 92122Telephone: (858) 452-2898Attorney for Respondent,MICHAEL CALDWELL67SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO8910111213In Re the Marriage of: Case Number ED 047912Petitioner: GINNY L. CALDWELLAndRespondent: MICHAEL J. CALDWELL ) Date: 09/04/2009Time: 9:00Dept: 6RESPONDENT'S SUPPLEMENTALDECLARATION AND RESPONSETO OSC RE SCHOOL ENROLLMENT1415161718192023.22232425262728I, MICHAEL CALDWELL, declare as follows:RELIEF REQUESTED1. I am requesting a psychological/custody evaluation.2. I am requesting, based on the opinion of Minors' Counsel and thePetitioner's behavior throughout the summer, that the Court eliminatethe midweek visitation for the Petitioner with our daughters.3. I am requesting the Court deny Petitioner's request to enroll ourdaughters in school in University City.4. I am requesting that the Court utilize a gross monthly income of$20,000 for the Petitioner when calculating temporary child support.BASIS FOR RELIEF REQUESTEDPsychological/Custody Evaluation and Midweek VisitationAt the ex parte hearing on July 13, 2009, I requested a full custody evaluation inorder to address the Petitioner's ("Ginny") interference with my relationship with ourRESPONDENT'S SUPPLEMENTAL DECLARATION AND RESPONSE TO OSC RE SCHOOL ENROLLMENT1

12345678910111213141516171819202122232425262728children and her attempt to alienate them from me. I refer the Court to my declarationfiled on July 9, 2009 in support of my ex parte request. Unfortunately, despite theappointment of minors' counsel, Lee Lawless, Ginny's interfering behavior hascontinued.I knew that when the Court made its orders on June 5 that I have primaryphysical custody of our daughters, Kira and Kessa, there would be a period of transitionfor all the children. Ginny has made it even more difficult for the children to adapt to thenew circumstances. Ginny does not support my relationship with the children. Sheeven told Ms. Lawless that she does not believe that I love the children. She sent Ms.Lawless an e-mail claiming that Kira believes I am poisoning her. This was Ginny'sexplanation for why Kira refused to take her iron supplements in my home. Ginny wenton to say that she was worried about Kira's safety with me, and accused me of trying topoison her with Malathion during our marriage. Originally, I was accused of not givingKira the supplement at all. Now I am being accused of trying to poison her. Ms.Lawless, however, informed Ginny in her e-mail response that Kira never said anythingto her about being afraid of taking the supplement. (Lodged Exhibit A — e-mailcorrespondence dated July 23, 2009 between Ginny and Lee Lawless)I agree with the opinions of Ms. Lawless contained in her report. I believe thecustody evaluation may give more guidance on how to address Ginny's interferingbehavior and the effect that it is having on my relationship with the children. Theevaluation may also address how this transition period is affecting the boys and myrelationship with them.I also agree that Ginny should not have midweek visitation with the girls at thispoint. The twice weekly contact will only be disruptive and will prevent the girls fromestablishing healthy routines in my household.School EnrollmentThe Petitioner's motion regarding school enrollment was served on my attorneyon August 26, 2009.RESPONDENT'S SUPPLEMENTAL DECLARATION AND RESPONSE TO OSC RE SCHOOL ENROLLMENT2

1234567891011121314The Court already addressed what was in the girls' best interests when it decidedthat they should be in my primary care for the school year. The Court consideredschool records and medical records. Just because there was some improvement inKessa's tardies the last few weeks of the school year is not sufficient reason to changethe Court's orders.It does not make any sense for the girls to attend school in University City whentheir primary residence will be in Ramona. This is just Ginny's way of preventing Kiraand Kessa from establishing any meaningful home life with me. It will keep them frommaking friends and establishing new interests in Ramona.Although I work in Kearny Mesa, I have already made arrangements with friendsin Ramona if an emergency were to occur and I could not get home right away. It onlytakes me about 30 minutes to get from work to home.When the Court made its orders to change primary physical custody, it knew thata change in school enrollment would be necessary. Kira and Kessa need the structure15and guidance that I can provide them. Kessa has tested for GATE, but Ido not believe16171819202122232425262728she is ready yet for such an advanced program. She does not have good study habitsor organizational skills. I know she is very bright and has great potential, but she needssome time to develop better habits and to learn self-discipline.Kira is also very bright, and like Kessa, is not working up to her full potential. Hergrades were still very bad by the end of the year. I know that Ginny would like to blamethe litigation and the conflict between us for the girls' problems in school, but they werehaving problems the previous school year and this school year before I filed for myrequest to change custody.I will do everything I can to help all of the children deal with this transition but ifGinny does not change her behavior, my relationship with both the boys and the girlswill be in jeopardy.Temporary Child SupportDiscovery is currently ongoing regarding Ginny's income. Ginny finally providedRESPONDENT'S SUPPLEMENTAL DECLARATION AND RESPONSE TO OSC RE SCHOOL ENROLLMENT3

12345678910111213141516171819202122232425262728responses to my discovery requests, and I have a financial expert reviewing herinformation. I expect to have a preliminary report within the next two weeks. I alsoexpect that it will be necessary to take Ginny's deposition in order to obtain clarificationabout the documents she provided and about her income and expenses.Based on the information that has been provided so far, however, it is clear thatGinny's income is well beyond the $1,500 per month she claimed she was making as ofApril 13, 2009 when she signed the most recent Income and Expense Declaration("IED") I have for her. According to that document, she earns $1,000 a month in W-2wages and $500 a month in "business draw." Ginny has submitted two IEDs so far thisyear, and one last year in April. In the IED signed on January 19, 2009, she claimedshe was making $3,000 a month. She did not disclose any business draws. In the IEDsigned on April 23, 2008, and filed on May 7, 2008, she claimed her income was $2,500a month. Again, she did not mention any business draws in that IED.According to the April 2009 IED Ginny's monthly expenses were $4,650 a monthwith $3,500 of the expenses being "paid by others." In the January IED, she claimedher monthly expenses were $6,690 with only $200 being paid by others. In April 2008her expenses were $7,058 and all of the expenses were paid by her parents. I have nodoubt that Ginny receives considerable support from her parents, and the amount isprobably at least $3,500 a month. Ginny may claim that her parents only assist herfinancially because she does not receive child support from me, but her parents havebeen helping for years. She has had many opportunities over the years to seek childsupport from me. The one time she filed a child support motion, she abandoned it afterI requested discovery from her about her income.A review of the bank statements and credit statements provided by Ginny, alsoshows that the business, Ecobaby, pays for all of her expenses. Lodged as Exhibit Bare Ginny's personal checking account statements from Chase/WAMU for the period ofDecember 12, 2007 through June 17, 2009. This is the only personal bank accountdisclosed by Ginny during this time period. A review of the statements shows that mostRESPONDENT'S SUPPLEMENTAL DECLARATION AND RESPONSE TO OSC RE SCHOOL ENROLLMENT4

12345678910of the activity on the account are PayPal charges and transfers and some withdrawalsand deposits. There are also several ATM withdrawals and one payroll deposit. Thebalance on the account never got higher than $4,262. Most months the balance waswell below $1,000. There are no charges for businesses like grocery stores orrestaurants, and there are no checks being written on the account.According to my review of the 2006, 2007 and 2008 credit card statementsprovided for Capital One Visa Business Card Account ending 7780, which is held in thename of Ecobaby with attention to Ginny Caldwell, Ginny averaged at least $1,000 amonth in purchases to places like Henry's, Vons, Blockbuster Video, Sport Chalet,Chevron, Limited Too, BT Basketball, Oceans 11 Casino, Petco, etc. (Lodged Exhibit11 C)12131415161718192021222324252627Lodged as Exhibit D are copies of the Union Bank of California bankstatements for Ecobaby, and in Ginny's name, for January 2009 through May 2009.There are significant ATM withdrawals ranging from the lowest at $1,900 in May to ahigh of $3,500 in April. The average for these five months was over $3,000 a month inwithdrawals.According to the detailed check registry provided for the company, Ginny's rentfor her house, paid to Tom Wu, is also paid by the business. This monthly paymentranged between $2,050 and $2,100 a month. The check register will be made availableat the time of the hearing. Ginny's car payment of $678.68 is also paid by the business.Although Ginny may claim that her mother, an employee of Ecobaby who is paidapproximately $6,000 a month by the company, made many of the charges on thebusiness credit card accounts, it does not really matter if Dottie made a lot of thecharges. What is clear is that Ginny's monthly expenses are being paid by someoneother than Ginny because there is no activity on her own personal bank account.When we total the expenses paid by the business, $2,100 a month for rent,$678.68 a month for her car, at least $1,000 for miscellaneous credit card purchases,28 ///RESPONDENT'S SUPPLEMENTAL DECLARATION AND RESPONSE TO OSC RE SCHOOL ENROLLMENT5

1234567891011121314151617and an average of $3,000 a month in ATM withdrawals this year, the total is $6,778.68.Ginny's actual income from the company is $3,200 according to the profit and lossstatement provided for the business. She is receiving support from her parents of atleast $3,500 a month. This all totals about $13,478. This figure is just an estimate ofwhat she receives in financial benefits from the company and her family based on thediscovery received so far and based on my own review of the documents. This is alsoa net benefit to Ginny. In order to have that kind of money available to her after taxes,Ginny would have to earn over $20,000 a month gross. I am requesting that the Courtuse $20,000 a month in gross income for Ginny when calculating child support.I have significant doubts that Ginny will ever be truthful about her actual income.Also, I do not believe that she will make concerted efforts to support the children or thatshe in fact believes it is her equal responsibility to support the children. According to ane-mail she sent me on August 17, 2009, she plans to volunteer full time at the children'sschools. (Lodged Exhibit E) According to her own e-mail, she has the ability to set hersalary, but will delay any increases intentionally.I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THESTATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.1819202122232425262728Dated:SIGNATURE BY FAXMICHAEL CALDWELL, RespondentRESPONDENT'S SUPPLEMENTAL DECLARATION AND RESPONSE TO OSC RE SCHOOL ENROLLMENT6

1234567891011121314151617and an average of $3,000 a month in ATM withdrawals this year, the total is $6,778.68.Ginny's actual income from the company is $3,200 according to the profit and lossstatement provided for the business. She is receiving support from her parents of atleast $3,500 a month. This all totals about $13,478. This figure is just an estimate ofwhat she receives in financial benefits from the company and her family based on thediscovery received so far and based on my own review of the documents. This is alsoa net benefit to Ginny. In order to have that kind of money available to her after taxes,Ginny would have to earn over $20,000 a month gross. I am requesting that the Courtuse $20,000 a month in gross income for Ginny when calculating child support.I have significant doubts that Ginny will ever be truthful about her actual income.Also, I do not believe that she will make concerted efforts to support the children or thatshe in fact believes it is her equal responsibility to support the children. According to ane-mail she sent me on August 17, 2009, she plans to volunteer full time at the children'sschools. (Lodged Exhibit E) According to her own e-mail, she has the ability to set hersalary, but will delay any increases intentionally.I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THESTATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.1819202122232425262728Dated: ?17.,q c1ICHAEL CALDWELL, RespondentRESPONDENT'S SUPPLEMENTAL DECLARATION AND RESPONSE TO OSC RE SCHOOL ENROLLMENT6