Gwendolyn Shetty v. Sachindev Shetty

1 12) On April 14, 2026, Petitioner field a Reply Declaration reiterating her request for guideline child 2 support retroactive to July 5, 2024, and $35,600 in attorney fees and costs. 3 13) April 14, 2026, Petitioner filed a Reply Memorandum of Points and Authorities. 4 14) On April 14, 2026, Petitioner filed Declaration of Counsel in Support of Petitioner’s Request for 5 Attorney’s Fees Pursuant to Family Code §§ 2023, 271. 6 15) April 14, 2026, Petitioner filed a Statement of Support Calculations. 7 16) April 14, 2026, Petitioner filed Objections and Request to Strike and Exclude Portions of 8 Respondent’s Declaration and Declaration and Declaration of Respondent’s Counsel filed April 9 8, 2026. 10 B.

Findings and Order 11 1) As a preliminary matter, the Court rules on Petitioner’s Objections to Sachin’s Declaration as 12 follows: 13 a. No. 1: OVERRULED 14 b. No. 2: SUSTAINED 15 c. No. 3: SUSTAINED 16 d. No. 4: SUSTAINED 17 e. No. 5: OVERRULED 18 f. No. 6: SUSTAINED 19 g. No. 7: SUSTAINED 20 h. No. 8: SUSTAINED 21 i. No. 9: SUSTAINED 22 j. No. 10: SUSTAINED 23 k. No. 11: SUSTAINED 24 l. No. 12: OVERRULED 25 m. No. 13: OVERRULED 26 n. No. 14: OVERRULED 27 o. No. 15: OVERRULED 28 p. No. 16: OVERRULED 29 q.

No. 17: OVERRULED

1 r. No. 18: OVERRULED 2 s. No. 19: OVERRULED 3 t. No. 20: OVERRULED 4 u. No. 21: OVERRULED 5 v. No. 22: OVERRULED 6 2) Additionally, Court rules on Petitioner’s Objections to Michael’s Declaration as follows: 7 a. No. 1: SUSTAINED 8 b. No. 2: OVERRULED 9 c. No. 3: SUSTAINED 10 d. No. 4: OVERRULED 11 e. No. 5: SUSTAINED 12 f. No. 6: SUSTAINED 13 g. No. 7: SUSTAINED 14 h. No. 8: SUSTAINED 15 i. No. 9: OVERRULED 16 j. No. 10: OVERRULED 17 k. No. 11: SUSTAINED 18 l. No. 12: SUSTAINEED 19 m. No. 13: OVERRULED 20 3) Petitioner’s Request for Family Code section 2030 attorney’s fees is DENIED.

The Court does 21 not find there is a disparity in income and access to funds given the asset division contained in the 22 Memorandum of Understanding (MOU) signed by both parties and filed with the Court on 23 January 20, 2026. Notably, the MOU provides for Petitioner to receive $1,650,000 as an 24 equalizing payment. It is uncontroverted that Respondent has a multi-million-dollar estate. 25 However, per the parties’ respective Income and Expense Declarations, Respondent has $12,500 26 in “cash and checking accounts,” while Petitioner has $302,003 in “cash and checking.” 27 Respondent has been unemployed since 2024.

Accordingly, based upon the facts and equities of 28 the case, the Court finds good cause to DENY Petitioner’s Request for Family Code section 2030 29 attorney’s fees and costs. Each party shall bear their own attorney’s fees and costs.

1 4) Petitioner’s request for family Code section 271 sanctions is also DENIED. The Court does not 2 find that Petitioner met her burden to show that the Respondent engaged in uncooperative 3 conduct. 4 5) Petitioner’s request for guideline child support is GRANTED; however, the Court declines to 5 issue a child support order retroactive to July 5, 2024, as it is undisputed that Respondent 6 voluntarily contributed to costs and expenses Petitioner incurred for the minor child. 7 6) Based on the information submitted in parties’ respective Income and Expense Declarations (as 8 set forth in sections 5 and 11 above), the Court finds that guideline child support is calculated to 9 be $13.00 per monthly payable by Petitioner to Respondent (since Respondent is not currently 10 earning a monthly income).

However, in Respondent’s Responsive Declaration filed April 8, 11 2026, Respondent agrees to pay Petitioner $1,500 per month in child support. 12 7) Given that Respondent has agreed to pay $1,500 per month in child support and considering the 13 significant value of Respondent’s estate, Court finds that there are special circumstances under 14 Family Code section 4057(b)(5)(B). 15 8) The Court further finds it is appropriate and in the best interest of the parties’ minor child to 16 deviate from guideline child support and enter an off-guideline child support order of $1,500 per 17 month payable by Respondent to Petitioner on the 1st of every month effective 1/23/26. 18 9) Respondent owes Petitioner $6,435.48 in child support arrears for the period of 1/23/26 - 5/30/26 19 ($435.48 for January + $6,000 ($1,500 x 4) for February - May).

Respondent shall pay this 20 balance in full by 5/30/26. 21 10) Moving forward, the parties shall share equally the following add-ons going forward: childcare 22 costs related to employment or to reasonably necessary education or training for employment 23 skills, reasonable uninsured healthcare costs for the child, and the reasonable costs associated 24 with mutually agreed upon extracurricular activities. Neither party shall unreasonably withhold 25 consent for a child to participate in an activity.

The procedure to make or pay a reimbursement 26 claim for these child support add-ons shall be as set forth in Judicial Council Form FL-192. 27 11) Counsel for Petitioner shall prepare the Findings and Order After Hearing, which shall include as 28 an attachment the forms FL-342 and FL-192. 29

1 12) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 2 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 3 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 4 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 5 proposed order after hearing directly to the court. Failure to submit the order after hearing within 6 10 days may allow the other party to prepare a proposed order and submit it to the court in 7 accordance with CA Rules of Court, Rule 5.125(d). 8

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26-05-07 XSpouse Shetty v. Shetty 799942