Elizabeth Abaunza v. Hermes Abaunza

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 ELIZABETH ABAUNZA,) Case Number: FDI-25-801584) 7 Petitioner) Hearing Date: June 30, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 HERMES ABAUNZA,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REVIEW OF CHILD SUPPORT & PRIVATE SCHOOL PAYMENT (SEE STIP FILED 11/24/25) 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) The parties are Petitioner Elizabeth Abaunza (Mother) and Respondent Hermes Abaunza 18 (Father). 19 2) They share two minor children: Arianna and Leia. 20 3) On 11/21/25, the parties entered into a Stipulation and Order, which provides for a $0 child 21 support order (and waiver of guideline support owed to Mother), a reduction in Father's share of 22 private school tuition to 30%, and a review hearing regarding child support and private school 23 payment on 3/5/26. 24 4) On 3/2/26, the parties filed a Stipulation and Order to Continue Hearing; the review hearing was 25 continued to 5/19/26. 26 5) On 3/2/26, Mother filed an Income and Expense Declaration. 27 6) At the prior 5/19/26 hearing, the parties jointly appeared and requested a continuance.

The matter 28 was continued to 6/30/26. 29

1 7) On 6/18/26, Mother filed a Supplemental Declaration requesting the Court maintain the $0 child 2 support order, increase Father’s share of private school tuition to 50%, order Father to reimburse 3 Mother $765 (half of $1,530) in school registration costs, and order a vocational evaluation for 4 Father. 5 8) On 6/18/26, Mother filed an updated Income and Expense Declaration. 6 9) On 6/23/26, Father field a Supplemental Declaration seeking a child support order for $649 7 payable by Mother to Father and a further reduction in Father's share of private school tuition to 8 $0.

Father attached a proposed XSpouse report. Father requests the Court deny Mother’s request 9 he undergo a vocational evaluation as he is on disability for a work-related injury and the request 10 is not properly before the Court. Father states he was medically advised that he can return to work 11 as a BART Community Services Officer in a few months. Father states he believes the minor 12 children should be enrolled in public school. 13 10) On 6/26/26, Father filed “Document to Correct Typographical Error on Respondent’s 14 Supplemental Declaration.” 15 B.

Findings and Order 16 1) The Court declines to modify the terms of the parties’ Stipulation and Order regarding child 17 support and private school tuition at this time as the Court finds it would be premature to do so 18 for the following reasons: (a) it is undisputed that Father’s medical and employment situation 19 remains uncertain; however, Father believes that he can return to work “in a few months;” (b) the 20 parties appear to disagree about whether the children should remain enrolled in their current 21 private school; and (c) Father seeks to increase his parenting timeshare in the fall. 22 2) Should either party wish to modify the child support order when these uncertainties are resolved, 23 they may file a new Request for Order. 24 3) Similarly, Mother’s request for a vocational evaluation for Father is DENIED without prejudice. 25 4) Mother’s request for Father to reimburse Mother $765 (half of $1,530) in school registration costs 26 is GRANTED, albeit in the amount of $459 (i.e., 30% of $1,530) pursuant to the parties’ 27 agreement.