Request for Order for change of child custody, visitation, child support, Family Court 3044 presumption
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 MIRANDA DEVLIN,) Case Number: FDI-21-794941) 7 Petitioner) Hearing Date: June 30, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 TAD DEVLIN,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, VISITATION (PARENTING TIME), 13 CHILD SUPPORT, FAMILY COURT 3044 PRESUMPTION; REQUEST FOR ORDER FOR 14 CHANGE OF CHILD CUSTODY, VISITATION (PARENTING TIME), CHILD SUPPORT, FAMILY 15 COURT 3044 PRESUMPTION 16 TENTATIVE RULING 17 The parties are ordered to appear.
The parties may appear in person in Dept. 403 or remotely by 18 Zoom video. If a party chooses to appear by video, that party must abide by the Notice and 19 Instructions for Remote Appearances in San Francisco Family Court set forth above. 20 A. Procedural History 21 1) The parties are Petitioner Miranda Devlin (Mother) and Respondent Tad Devlin (Father). They 22 share two minor children: Chloe (DOB: 4/25/12) and Paige (DOB: 4/15/26). 23 2) Mother had parenting time with the minor children every Tuesday after school until Wednesday 24 morning drop off at school and every other weekend from Friday after school until Sunday at 25 5:00 PM.
See Findings and Order After Hearing filed 11/21/24. 26 3) On 11/27/24, a Domestic Violence Restraining Order (DVRO) was granted after a 6-day trial. 27 Father is the protected party, and Mother is the restrained party. The minor children are not listed 28 as protected parties. Father was awarded sole legal and sole physical custody. 29
1 4) On 10/8/25, Mother filed a Request for Order seeking: (a) a finding that Mother overcame the 2 Family Code section 3044 presumption against joint custody; (b) joint legal and physical custody; 3 (c) modification of the parenting time orders to increase her time an extra day during the week 4 and one extra night every other weekend; (c) modification of the 2/11/25 child support orders to 5 guideline child support. Mother attached a proposed holiday schedule to her Request for Order. 6 5) On 10/8/25, Mother filed an Income and Expense Declaration. 7 6) On 11/17/25, the parties appeared for Readiness Hearing.
The matter was scheduled for 8 mediation with Family Court Services on 1/6/26 and regular hearing in Dept. 403 on 2/3/26. 9 7) On 11/5/25, Father filed a Responsive Declaration in opposition to Mother’s Request for Order 10 asking the Court to deny Mother’s requested relief. However, Father states that he is agreeable to 11 Mother having the minor children an extra weeknight (Tuesday and Wednesday night until 12 Thursday morning school drop-off) on weekends that Mother does not have parenting time. 13 8) On 11/5/25, Father filed an Income and Expense Declaration. 14 9) On 11/12/25, Mother filed a Reply Declaration. 15 10) On 1/6/26, the parties attended mediation but did not reach an agreement. 16 a.
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Mother requests: 17 i. Parenting time every Tuesday afterschool until Thursday morning drop-off at 18 school; 19 ii. Parenting time every other weekend Friday afterschool through Monday morning 20 drop off at school; and 21 iii. A shared holiday schedule with holiday exchanges to take place at 5 PM. 22 b. Father requests: 23 i. The current parenting schedule to remain in place (i.e., Mother to have the 24 children every Tuesday afterschool until Wednesday morning drop off at school 25 and every other weekend Friday afterschool until Sunday at 5 PM). 26 ii.
No shared holiday schedule at this time. 27 11) On 1/27/26, Mother filed a supplemental declaration in support of her position. 28
1 12) On 2/3/26, the parties appeared at hearing, and Father requested a long-cause (i.e., evidentiary) 2 hearing. The Court did not adopt any portion of its Tentative Ruling issued for the 2/3/26 hearing 3 and set all pending issues for long-cause hearing on 5/21/26. 4 13) On 5/21/26, the parties appeared at the long-cause hearing and the Court determined Mother 5 rebutted the Family Code section 3044 presumption against joint custody. Therefore, the Court 6 granted Mother’s request for joint legal custody.
The Court increased Mother’s parenting time 7 with the minor children from Tuesdays pick-up afterschool to Thursday drop off at school with 8 alternate weekends (which appears to be a 2/2/5 schedule). The Court ordered the parties to 9 attend FCS Mediation on 6/18/26. The Court made various other orders, which have yet to be 10 memorialized in a Findings and Order After Hearing. The Court continued the matter to 6/30/26 11 for issues related to child support, summer, and vacation schedule, and make-up time. 12 14) On 6/18/26, the parties attended FCS Mediation and were able to reach a partial agreement. 13 B.
Findings and Order 14 1) Child Custody and Visitation: This Court has jurisdiction to make child custody orders in this 15 case under the Uniform Child Custody Jurisdiction and Enforcement Act. A violation of this 16 order may subject the party in violation to civil or criminal penalties, or both. The country of 17 habitual residence of the minor child(ren) is the United States. 18 2) The Court confirms the orders issued at long-cause hearing regarding custody. The parties shall 19 share joint legal and joint physical custody of the minor children. 20 3) The Court confirms the orders issued at long-cause hearing regarding parenting time.
The 21 Court’s 2/2/5 parenting time schedule is confirmed: Father has the minor children on Mondays 22 and Tuesdays, Mother has the minor children on Wednesdays and Thursdays, and the parties 23 alternate weekends. 24 4) The parties are ordered to appear regarding the outstanding child custody and vitiation issues. 25 5) Financial Matters: Mother’s request for modification of child support is GRANTED as a 26 modification of parenting time is a material change in circumstances. 27 6) As such, effective 5/21/26 (i.e., when the Court awarded Mother approximately a 50% timeshare 28 after a long-cause hearing), and in accordance with the XSpouse report attached hereto and 29
1 incorporated herein, Father owes Mother $3,315 in guideline monthly child support and $3,863 in 2 guideline temporary monthly spousal support for a total monthly support payment of $7,178. 3 7) All support payments are due and payable by the 1st of every month commencing 7/1/26. 4 8) Father owes Mother $9,493.38 in support arrears for the period of 5/21/26 – 6/30/26 ($2,315.48 5 for May + $7,178 for June). Father shall pay this balance in full by 7/15/26. 6 9) The XSpouse reports are based on the following findings: 7 a.
Per Mother’s Income and Expense Declaration filed 10/8/25: 8 i. Mother’s average monthly income is $5,372. 9 ii. Mother pays $66 in monthly health insurance premiums. 10 iii. Mother pays $200 in necessary job-related expenses. 11 b. Per Father’s Income and Expense Declaration filed 11/5/25: 12 i. Father’s average monthly income is $30,000. 13 ii. Father makes $1,440 monthly 401(k) contributions. 14 iii. Father receives $285 in average monthly dividends. 15 iv. Father receives $2,218 in average monthly renal property income. 16 v.
Father pays $29.94 in monthly health insurance premiums. 17 vi. Father pays $81 in necessary job-related expenses. 18 10) As and for additional child support, Father shall pay to Mother a percentage of any and all 19 income, compensation, or remuneration earned above Father’s $30,000 in base gross monthly 20 income, as set forth in the Smith/Ostler bonus report attached to the XSpouse report. Additional 21 support shall be paid within 10 days of receipt. Father shall provide at the same time as payment 22 documentation showing the excess gross income received and the calculation providing the basis 23 for Smith/Ostler support owed. 24 11) All prior orders not in conflict with this order shall remain in full force and effect, including, but 25 not limited to the Court’s 2/11/25 orders regarding a spousal support deduction, child-support 26 add-ons, and private school tuition. 27
26-06-30 XSpouse Devlin v. Devlin 794941
Xspouse 2026-1-CA Monthly Figures 2026 Father Mother Monthly Figures Cash Flow Fixed Shares 2 0 2026 Guideline Proposed Number of children Percent 0.00% 49.00% Combined net spendable 25206 25392 time with NCP Filing status HH/MLA SINGLE Percent change 0% 1% GUIDELINE Number of exemptions 2 1 Nets (adjusted) Father Wages and salary 30000 5372 Self employed income 0 0 Father 21152 Payment cost/benefit -7178 -7084 Other taxable income 2503 0 Mother 4055 Net spendable income 13974 14067 TANF CS received 0 0 Total 25207 Change from guideline 0 93 Other nontaxable income 0 0 Support % of combined spendable 55% 55% New spouse income 0 0 % of saving over guideline 0% 50% Addons 0 Employee 401-k contribution 1440 0 Total taxes 11351 11378 Guideln CS 3315 Adjustments to income 0 0 Dep. exemption value 0 0 S.Clara SS 3863 SS paid prev marriage 0 0 # withholding allowances 0 0 Total 7178 CS paid prev marriage 0 0 Net wage paycheck 17029 17029 - Health insurance 0 66 Mother Proposed Other medical expenses 0 0 Payment cost/benefit 7178 7270 Tactic 9 Property tax expenses 0 0 Net spendable income 11232 11324 Ded interest expense CS 3260 0 0 Change from guideline 0 92 Contribution deduction SS 3798 0 0 % of combined spendable 45% 45% Misc tax deductions Total 7058 0 0 % of saving over guideline 0% 50% Qualified business income Saving 185 0 0 Total taxes 1051 839 deduction Releases -1 Dep. exemption value 0 0 Required union dues 0 0 # withholding allowances 0 0 Mandatory retirement 0 0 Net wage paycheck 4096 4096 Hardship deduction 0 0 Other GDL deductions 0 200 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 51 - 49 0 0 0 Father 3,315 Father 3,315 Father 0000-00-00 51 - 49 0 0 0 Father 1,243 Father 1,243 Father 0000-00-00 51 - 49 0 0 0 Father 2,072 Father 2,072 Father
Superior Court of California County of San Francisco
26-06-30 xspouse devlin v. devlin 794941.xsp Xspouse 2026-1-CA
OFF (0 = default steps) Bonus amounts from: 0 to: 200000 Step: 2500
Additional Cost to Father Father's Child Support Spousal Support Total CS Total SS Bonus % of bonus $ % of bonus $ (adjusted) 0 0.00 0 0.00 0 0 0 2500 7.54 189 12.92 323 3504 4186 5000 7.51 375 12.95 647 3690 4510 7500 7.47 560 12.98 973 3875 4836 10000 7.44 744 13.00 1300 4059 5163 12500 7.41 927 13.03 1628 4242 5491 15000 7.39 1108 13.05 1957 4423 5820 17500 7.36 1288 13.07 2287 4603 6150 20000 7.34 1468 13.09 2618 4783 6481 22500 7.32 1646 13.11 2949 4961 6812 25000 7.30 1824 13.12 3281 5139 7144 27500 7.28 2001 13.14 3613 5316 7476 30000 7.26 2178 13.15 3946 5493 7809 32500 7.24 2354 13.17 4280 5669 8142 35000 7.23 2529 13.18 4613 5844 8476 37500 7.21 2704 13.19 4947 6019 8810 40000 7.20 2879 13.20 5282 6194 9144 42500 7.18 3053 13.21 5616 6368 9479 45000 7.17 3227 13.22 5951 6542 9814 47500 7.16 3400 13.23 6286 6715 10149 50000 7.15 3573 13.24 6621 6888 10484 52500 7.14 3746 13.25 6957 7061 10820 55000 7.12 3919 13.26 7293 7234 11155 57500 7.11 4091 13.27 7629 7406 11491 60000 7.10 4263 13.27 7965 7578 11827 62500 7.10 4434 13.28 8301 7750 12164 65000 7.09 4606 13.29 8637 7921 12500 67500 7.08 4777 13.29 8974 8092 12836 70000 7.07 4948 13.30 9310 8263 13173 72500 7.06 5119 13.31 9647 8434 13510 75000 7.05 5290 13.31 9984 8605 13846 77500 7.05 5461 13.32 10320 8776 14183 80000 7.04 5631 13.32 10657 8946 14520 82500 7.03 5801 13.33 10994 9116 14857 85000 7.03 5972 13.33 11331 9287 15194 87500 7.02 6142 13.34 11668 9457 15531 90000 7.01 6311 13.34 12005 9626 15868 92500 7.01 6481 13.34 12343 9796 16205 95000 7.00 6651 13.35 12680 9966 16543 97500 7.00 6820 13.35 13017 10135 16880 100000 6.99 6990 13.35 13354 10305 17217 Cost is an increase in support paid or a decrease in support received by this spouse R = recipient of support Bonus income may reverse direction of CS and/or SS
Superior Court of California County of San Francisco
26-06-30 xspouse devlin v. devlin 794941.xsp Xspouse 2026-1-CA
OFF (0 = default steps) Bonus amounts from: 0 to: 200000 Step: 2500
Additional Cost to Father Father's Child Support Spousal Support Total CS Total SS Bonus % of bonus $ % of bonus $ (adjusted) 100000 6.99 6990 13.35 13354 10305 17217 102500 6.98 7159 13.36 13692 10474 17554 105000 6.98 7328 13.36 14029 10643 17892 107500 6.97 7497 13.36 14366 10812 18229 110000 6.97 7666 13.37 14704 10981 18567 112500 6.96 7835 13.37 15041 11150 18904 115000 6.96 8004 13.37 15379 11319 19241 117500 6.96 8172 13.38 15716 11487 19579 120000 6.95 8341 13.38 16054 11656 19916 122500 6.95 8510 13.38 16391 11825 20254 125000 6.94 8678 13.38 16729 11993 20591 127500 6.94 8846 13.39 17066 12161 20929 130000 6.93 9015 13.39 17404 12330 21266 132500 6.93 9183 13.39 17741 12498 21604 135000 6.93 9351 13.39 18079 12666 21941 137500 6.92 9519 13.39 18416 12834 22279 140000 6.92 9687 13.40 18754 13002 22616 142500 6.92 9855 13.40 19091 13170 22954 145000 6.91 10023 13.40 19429 13338 23291 147500 6.91 10191 13.40 19766 13506 23629 150000 6.91 10359 13.40 20103 13674 23966 152500 6.90 10527 13.40 20441 13842 24304 155000 6.90 10694 13.41 20778 14009 24641 157500 6.90 10862 13.41 21116 14177 24979 160000 6.89 11030 13.41 21453 14345 25316 162500 6.89 11197 13.41 21791 14512 25653 165000 6.89 11365 13.41 22128 14680 25991 167500 6.88 11532 13.41 22465 14847 26328 170000 6.88 11699 13.41 22803 15014 26666 172500 6.88 11867 13.41 23140 15182 27003 175000 6.88 12034 13.42 23478 15349 27340 177500 6.87 12201 13.42 23815 15516 27678 180000 6.87 12369 13.42 24152 15684 28015 182500 6.87 12536 13.42 24490 15851 28352 185000 6.87 12703 13.42 24827 16018 28690 187500 6.86 12870 13.42 25164 16185 29027 190000 6.86 13037 13.42 25501 16352 29364 192500 6.86 13204 13.42 25839 16519 29701 195000 6.86 13371 13.42 26176 16686 30039 197500 6.85 13538 13.42 26513 16853 30376 200000 6.85 13705 13.43 26850 17020 30713 Cost is an increase in support paid or a decrease in support received by this spouse R = recipient of support Bonus income may reverse direction of CS and/or SS
Superior Court of California County of San Francisco