Child Custody, Visitation, Spousal Support, Child Support, Property Control
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 TRACI PLAUT,) Case Number: FDI-25-801768) 7 Petitioner) Hearing Date: June 25, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ZACHARY PLAUT,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER FOR CHANGE OF TEMPORARY EMERGENCY ORDER, CHILD 13 CUSTODY, VISITATION (PARENTING TIME), SPOUSAL OR PARTNER SUPPORT, CHILD 14 SUPPORT, PROPERTY CONTROL, I REQUEST THAT OUR CHILD PRIMARILY RESIDE WITH 15 ME IN SAN FRANCISCO WHERE 16 TENTATIVE RULING 17 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 18 Court makes the following findings and orders: 19 A.
Procedural History 20 1) The parties are Petitioner Traci Plaut (Mother) and Respondent Zachary Plaut (Father). They 21 share one minor child: Zarah Marie Plaut (DOB: 07/12/12). 22 2) On March 30, 2026, Mother filed an ex parte Request for Order seeking pendente lite orders 23 regarding child custody, visitation, guideline spousal support, guideline child support, property 24 control of the 2632 26th Avenue, San Francisco home, and the minor child’s residence (the minor 25 child be permitted to reside with her in San Francisco).
Mother concurrently filed an Income and 26 Expense Declaration (file dated March 27, 2026). The Court denied Mother’s request for 27 emergency relief and set the matter for hearing on May 4, 2026 (on the Court’s Readiness 28 calendar). 29
1 3) On April 24, 2026, Father filed a Responsive Declaration wherein he asks this Court to order a 2 child custody evaluation and equal parenting plan. Father does not oppose Mother’s requests for 3 support and property control; however, Father requests Mother be ordered to pay all her own 4 expenses as well as the mortgage and carrying costs on the property. Father states he is currently 5 paying all expenses. Father asks the Court to impute Mother at her previous salary as a researcher 6 at UCSF or minimum wage.
Father concurrently filed an Income and Expense Declaration (file 7 dated April 24, 2026). 8 4) On April 29, 2026, Father filed “Respondent’s Evidentiary Objections to Petitioner’s Declaration 9 and Documents in Support of Her Request for Order and Additional Documents,” which has been 10 read and considered by the Court. 11 5) On June 17, 2026, Father filed a “Respondent’s Supplemental Responsive Declaration to 12 Petitioner’s Request for Order,” which has been read and considered by the Court.
Father 13 attached a proposed XSpouse report to this pleading. 14 B. Findings and Order 15 1) As a preliminary matter, all objections contained in Father’s April 29, 2026 pleading entitled 16 “Respondent’s Evidentiary Objections to Petitioner’s Declaration and Documents in Support of 17 Her Request for Order and Additional Documents” are OVERRULED. 18 2) Custody and Visitation: This Court has jurisdiction to make child custody orders in this case 19 under the Uniform Child Custody Jurisdiction and Enforcement Act.
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A violation of this order 20 may subject the party in violation to civil or criminal penalties, or both. The country of habitual 21 residence of the minor child(ren) is the United States. 22 3) Mother shall continue to have sole legal and sole physical custody of the minor child. 23 4) Father shall have visitation with the minor child on the 1st, 3rd and 5th weekends of each month 24 from Saturday at 10:00 a.m. – 6:00 p.m., and on Sundays from 10:00 a.m. – 6:00 p.m. 25 5) In addition, Father may have a weekly dinner visit with the minor child from after school until 26 7:30 p.m. on Wednesdays each week.
If the minor child is not in school, then Father’s 27 Wednesday visits shall commence at 3:30 p.m. 28 6) Father shall provide all the transportation for visits. 29
1 7) Father’s request for a Family Code section 3111 evaluation is GRANTED. The protocol for 2 selecting the evaluator shall be as follows: 3 a. Father shall select the names of three qualified professionals to conduct the evaluation. 4 He shall send his list of professionals to Mother, no later than close of business on July 6, 5 2026. 6 b. Mother shall then select the one person from Father’s list whom she would like to 7 perform the evaluation. Mother shall make her selection, no later than close of business 8 on July 13, 2026. 9 c.
Both parties shall promptly cooperate in filling out any required intake forms and 10 commence the process as soon as the selected professional is ready to commence the 11 process. 12 d. Father shall pay the costs, subject to later reallocation by the Court, if Father chooses to 13 seek a contribution from Mother. Court will reserve jurisdiction over the reallocation of 14 costs issue. 15 8) A review hearing shall be held on August 20, 2026, in Department 403 at 9:00 a.m. to review 16 the status of the Family Code section 3111 evaluation. 17 9) Financial Matters: Mother’s request for guideline monthly child support and temporary monthly 18 spousal support is GRANTED. 19 10) Father’s request for imputation of income to Mother is DENIED without prejudice as is 20 undisputed that Mother was laid off from her job in 2024.
However, Mother is warned that the 21 Court will consider imputation of income if she remains unemployed for an unreasonable length 22 of time (i.e., an additional 6-9 months). 23 11) In accordance with the XSpouse report attached hereto and incorporated herein, Father shall pay 24 Mother $4,384 in guideline monthly child support and $9,030 in temporary monthly spousal 25 support for a total monthly support payment of $13,414. Father shall make monthly support 26 payments on the 1st of every month commencing July 1, 2026. 27 12) The XSpouse inputs are based on Father’s support calculation attached to his June 17, 2026 28 Supplemental Declaration adjusted to reflect Mother’s income as $0. 29
1 13) The Court reserves jurisdiction to calculate child support and spousal support retroactive to the 2 filing date of the petition, including any arrears Father may owe Mother or reimbursements 3 Father may be owed for payment of voluntary support. 4 14) The parties shall share the following child support add-on expenses going forward with Father 5 responsible for 52% of costs and Mother responsible for 48% of costs: childcare costs related to 6 employment or to reasonably necessary education or training for employment skills, reasonable 7 uninsured healthcare costs for the child, private school tuition if applicable, and the reasonable 8 costs associated with mutually agreed upon extracurricular activities (neither party shall 9 unreasonably withhold consent for a child to participate in an activity).
The procedure to make or 10 pay a reimbursement claim for these child support add-ons shall be as set forth in Judicial Council 11 Form FL-192. 12 15) Mother’s unopposed request for exclusive use, possession, and control of the 2632 26th Avenue, 13 San Francisco home is GRANTED. Mother shall be solely responsible for all bills associated 14 with the home, including, but not limited to, the mortgage and carrying costs. 15 16) Counsel for Father shall prepare the Findings and Order After Hearing, which shall include as 16 attachments forms FL-342 and FL-192. 17 17) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 18 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 19 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 20 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 21 proposed order after hearing directly to the court.
Failure to submit the order after hearing within 22 10 days may allow the other party to prepare a proposed order and submit it to the court in 23 accordance with CA Rules of Court, Rule 5.125(d). 24
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26-06-25 XSpouse Plaut v. Plaut 801768
Xspouse 2026-1-CA Monthly Figures 2026 Father Mother Monthly Figures Cash Flow Fixed Shares 0 1 2026 Guideline Proposed Number of children Percent 20.00% 0.00% Combined net spendable 28054 28054 time with NCP Filing status MFJIN MFJIN Percent change 0% 0% GUIDELINE Number of exemptions 1 2 Nets (adjusted) Father Wages and salary 38000 0 Self employed income 0 0 Father 28054 Payment cost/benefit -13414 -13414 Other taxable income 0 0 Mother 0 Net spendable income 14641 14641 TANF CS received 0 0 Total 28054 Change from guideline 0 0 Other nontaxable income 0 0 Support % of combined spendable 52% 52% New spouse income 0 0 % of saving over guideline 0% 0% Addons 0 Employee 401-k contribution 0 0 Total taxes 9946 9946 Guideln CS 4384 Adjustments to income 0 0 Dep. exemption value 0 0 S.Clara SS 9030 SS paid prev marriage 0 0 # withholding allowances 0 0 Total 13414 CS paid prev marriage 0 0 Net wage paycheck 25095 25095 - Health insurance 0 0 Mother Proposed Other medical expenses 0 0 Payment cost/benefit 13414 13414 Tactic 9 Property tax expenses 963 2341 Net spendable income 13414 13414 Ded interest expense CS 4384 1030 4473 Change from guideline 0 0 Contribution deduction SS 9030 0 0 % of combined spendable 48% 48% Misc tax deductions Total 13414 0 0 % of saving over guideline 0% 0% Qualified business income Saving 0 0 0 Total taxes 0 0 deduction Releases 0 Dep. exemption value 0 0 Required union dues 0 0 # withholding allowances 0 0 Mandatory retirement 0 0 Net wage paycheck 0 0 Hardship deduction 0 0 Other GDL deductions 0 0 Child care expenses 0 0
Father pays Guideline CS, Guideline SS, Proposed CS, Proposed SS
FC 4055 checking: ON Per Child Information DOB Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 20 - 80 0 0 0 Father 4,384 Father 4,384 Father 0000-00-00 20 - 80 0 0 0 Father 4,384 Father 4,384 Father
Superior Court of California County of San Francisco