Gwendolyn Shetty v. Sachindev Shetty

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

5) 6 GWENDOLYN SHETTY,) Case Number: FDI-24-799942) 7 Petitioner) Hearing Date: April 21, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 SACHINDEV SHETTY,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER RE:CHILD SUPPORT, ATTORNEY FEES AND COSTS 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 Gwendolyn Shetty and Respondent Sachindev Shetty.

They share one 18 minor child: Montara Brooke Shetty (DOB: 01/13/18). 19 2) On January 23, 2026, Petitioner filed a Request for Order (RFO) seeking child support and 20 attorney fees. 21 3) On January 23, 2026, Petitioner filed a Declaration of Counsel in Support of Petitioner’s Request 22 for Attorney’s Fees Pursuant to Family Code §§2023, 271. 23 4) On January 23, 2026, Petitioner filed an Income and Expense Declaration, which includes the 24 following information: 25 a. Filing Status: Head of Household, 1 exemption 26 b.

Other Party’s Income: $24.615.00/month. 27 c. Average Monthly Income: $11,022.00/month. 28 d. Union Dues: $55.00/month. 29 e. Required Retirement Payments: $448.00/month.

1 f. Medical, hospital, dental and other health insurance premiums: $771.00/month. 2 g. Cash and checking accounts: $302,003.00 3 h. Total Expenses: $21,459.00/month. 4 i. Attorney Fees Paid: $362,227.00/month. 5 j. 78% timeshare with child. 6 5) On February 4, 2026, Petitioner filed a Proof of Electronic Service of the RFO (and all other 7 supporting documents). 8 6) On April 8, 2026, Respondent filed a Responsive Declaration in which he asks this Court to deny 9 the relief requested by Petitioner. 10 7) On April 8, 2026, Respondent filed an Income and Expense Declaration, which includes the 11 following information: 12 a.

Filing Status: Married Filing Separately, 3 exemptions 13 b. Other Party’s Income: $10,833.00/month. 14 c. Average Monthly Income: $.00/month. 15 d. Dividends/interest: $2083.00/month. 16 e. Income from Self-Employment: $0.00 17 f. Cash and checking accounts: $12,600.00 18 g. Mortgage Interest: $5450.00/month. 19 h. Property Taxes: $1900.00 20 i. Total Expenses: $15,165.85/month. 21 j. Attorney Fees Paid: $196,701.12month. 22 k. 20% timeshare of minor child. 23 B. Findings and Order 24 1) Petitioner’s Request for Family Code section 2030 attorney’s fees is DENIED.

Respondent does 25 not have the ability to pay any of Petitioner’s attorney’s fees. It also appears that the disparity in 26 access to funds favors Petitioner. Per the Income and Expense Declarations, Respondent has 27 $12,500 in “cash and checking accounts,” while Petitioner has $302,003 in “cash and checking.” 28 If anything, the disparity in access to funds would support an award of attorney fees payable to 29 Respondent (not Petitioner). As such, each party shall bear their own attorney’s fees and costs.

1 2) Petitioner’s request for family Code section 271 sanctions is DENIED. The Court does not find 2 that Petitioner met her burden of showing that the Respondent engaged in any sanctionable 3 conduct. 4 3) The Court GRANTS the parties request for guideline child support. In accordance with the 5 XSpouse calculation attached hereto and incorporated herein, Mother is obligated to pay Father 6 child support in the amount of $13.00 per month, effective May 1, 2026. All payments shall be 7 made by the 1st of every month. 8 4) Counsel for Petitioner shall prepare the Findings and Order After Hearing. 9 5) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 10 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 11 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 12 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 13 proposed order after hearing directly to the court.

Failure to submit the order after hearing within 14 10 days may allow the other party to prepare a proposed order and submit it to the court in 15 accordance with CA Rules of Court, Rule 5.125(d). 16

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Xspouse 2026-1-CA

Fixed Shares Monthly figures Cash Flow #of children 2026 Guideline % time with NCP Comb. net spendable 9300 Filing status GUIDELINE Percent change 0% # exemptions Nets(adjusted) Father Wages+tsalary Father 2005 Payment cost/benefit 13 Self-employed income 0 Mother 7296 Net spendable income 2017 Other taxable income 0 Total 9300 TANF+CS received Change from guideline ©& 0 Support Other nontaxble income % of combined spendable 22% coc 0 Addons 0 New spouse income % of saving over guideline 0% coc 0 Guidein cs 13 401(k) employee contrib oo 0 s.Clara SS 0 Total taxes Adjustments to income Dep. exemption value Total 13 SS paid prev marriage o 0 = # withholding allowances CS paid prev marriage 0 Settings changed Net wage paycheck oo Health insurance Mother Other medical expense 0 = i=) Payment cost/benefit Property tax expense i=) oo 0 Net spendable income 7283 Ded interest expense 0 Proposed Change from guideline 0 Charitable contributions 0 Tactic 9

ooooso © % of combined spendabie 78% Misc tax deductions 0 cs 13 % of saving over guideline 0% Qual bus income ded 0 ss 0 Required union dues Total taxes 2452 Total 13 Mandatory retirement Dep. exemption value 0 Hardship deduction 0 * Saving 0 # withholding allowances 0 Other GDL deductions 0 Releases 0 Net wage paycheck 7951 Child care expenses oo

Mother pays Guideline CS, Proposed C

FC 4055 checking: ON Per Child Information Timeshare Addons Payor Basic CS Payor Pres CS Payor All children 22-78 0 Father 13 Mother 13 Mother

22-78 0 Father 13 Mother 13 Mother

Time: 16:32:38 Superior Court of California Date: 04/15/26 County of San Francisco