Request for Order (RFO) child/spousal support; division of adoption assistance
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 4, 2026 8:30 a.m./1:30 p.m.
10. BENJAMIN DE ALBA V. ASHLEY DE ALBA 26FL0254
Petitioner filed a Request for Order (RFO) on March 27, 2026, seeking guideline child and spousal support. Petitioner is also seeking an order dividing the adoption assistance funding equally between the parties, as they share joint legal and physical custody of the minors. Petitioner concurrently filed an Income and Expense Declaration. Respondent was served with some, but not all the required documents.
Respondent filed a Responsive Declaration and an Income and Expense Declaration on May 15, 2026. It was served on the same day. Respondent has not raised the defect in service, as such, the court deems it to have been waived. Respondent has included a proposed calculation for support and requests the court consider her second income as bonus income. Respondent has included a bonus table in her calculations.
Petitioner filed a Reply Declaration on May 22, 2026. It was served the same day. Petitioner has included an updated proposed guideline calculation.
The court has read and considered the filings as outlined above. The court grants Petitioner’s request that the adoption assistance funding be divided equally between the parties. The court notes it is unable to use Petitioner’s proposed guideline calculations as Petitioner has used the Santa Clara formula for guideline temporary spousal support rather than the Alameda formula in compliance with Local Rule 8.09.03. The court cannot use Respondent’s guideline calculation, as only the bonus table was provided in Exhibit B to Respondent’s declaration.
As to guideline child support, the court denies Respondent’s request to consider her second income as bonus income. The court has incorporated the second income in its guideline calculation. Utilizing those figures provided by the parties in their respective Income and Expense Declarations, the court finds guideline child support to be $1,725 per month payable from Respondent to Petitioner (see attached X-Spouse). The court orders Respondent to pay Petitioner $1,725 as and for guideline child support effective April 1, 2026, with payments due on the first of each month until further order of the court or termination by operation of law.
The court finds this order results in an arrears balance of $5,175 for the months of April through June inclusive. The court orders Respondent to pay Petitioner $431.25 per month as and for arrears effective June 15, 2026, with further payments due on the 15th of each month until paid in full (approximately 12 months).
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 4, 2026 8:30 a.m./1:30 p.m.
The court finds guideline temporary spousal support to be $964 per month payable from Respondent to Petitioner (see attached X-Spouse). However, the court is not ordering Respondent to pay Petitioner temporary guideline spousal support. The court finds that Respondent does not have the ability to pay after the award of child support. Further, the court finds Petitioner’s income is sufficient to meet his needs. See Family Code section 3600. Petitioner is working full time and earns nearly the same income as Petitioner when Petitioner’s second income is not included.
Further, Petitioner has disclosed no attorney’s fees, while Respondent is paying attorney’s fees at the rate of $585 per hour. Respondent has significantly higher expenses than Petitioner. As such, the court finds that Petitioner has a lower need and Respondent does not have the ability to pay. Petitioner’s request for temporary guideline spousal support is denied.
All prior orders not in conflict with this order remain in full force and effect. Petitioner is directed to prepare the Findings and Orders After Hearing (FOAH); however, this order is effective immediately upon the court’s adoption of the tentative ruling and is not conditioned on the preparation of the FOAH.
TENTATIVE RULING #10: THE COURT GRANTS PETITIONER’S REQUEST THAT THE ADOPTION ASSISTANCE FUNDING BE DIVIDED EQUALLY BETWEEN THE PARTIES. AS TO GUIDELINE CHILD SUPPORT, THE COURT DENIES RESPONDENT’S REQUEST TO CONSIDER HER SECOND INCOME AS BONUS INCOME.
THE COURT FINDS GUIDELINE CHILD SUPPORT TO BE $1,725 PER MONTH PAYABLE FROM RESPONDENT TO PETITIONER (SEE ATTACHED X-SPOUSE). THE COURT ORDERS RESPONDENT TO PAY PETITIONER $1,725 AS AND FOR GUIDELINE CHILD SUPPORT EFFECTIVE APRIL 1, 2026 WITH PAYMENTS DUE ON THE FIRST OF EACH MONTH UNTIL FURTHER ORDER OF THE COURT OR TERMINATION BY OPERATION OF LAW.
THE COURT FINDS THIS ORDER RESULTS IN AN ARREARS BALANCE OF $5,175 FOR THE MONTHS OF APRIL THROUGH JUNE INCLUSIVE. THE COURT ORDERS RESPONDENT TO PAY PETITIONER $431.25 PER MONTH AS AND FOR ARREARS EFFECTIVE JUNE 15, 2026, WITH FURTHER PAYMENTS DUE ON THE 15TH OF EACH MONTH UNTIL PAID IN FULL (APPROXIMATELY 12 MONTHS).
THE COURT FINDS GUIDELINE TEMPORARY SPOUSAL SUPPORT TO BE $964 PER MONTH PAYABLE FROM RESPONDENT TO PETITIONER (SEE ATTACHED X-SPOUSE). HOWEVER, THE COURT IS NOT ORDERING RESPONDENT TO PAY PETITIONER
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 4, 2026 8:30 a.m./1:30 p.m.
TEMPORARY GUIDELINE SPOUSAL SUPPORT. THE COURT FINDS THAT RESPONDENT DOES NOT HAVE THE ABILITY TO PAY AFTER THE AWARD OF CHILD SUPPORT. FURTHER, THE COURT FINDS PETITIONER’S INCOME IS SUFFICIENT TO MEET HIS NEEDS. SEE FAMILY CODE SECTION 3600. PETITIONER IS WORKING FULL TIME AND EARNS NEARLY THE SAME INCOME AS PETITIONER WHEN PETITIONER’S SECOND INCOME IS NOT INCLUDED. FURTHER, PETITIONER HAS DISCLOSED NO ATTORNEY’S FEES, WHILE RESPONDENT IS PAYING ATTORNEY’S FEES AT THE RATE OF $585 PER HOUR. RESPONDENT HAS SIGNIFICANTLY HIGHER EXPENSES THAN PETITIONER. AS SUCH, THE COURT FINDS THAT PETITIONER HAS A LOWER NEED AND RESPONDENT DOES NOT HAVE THE ABILITY TO PAY. PETITIONER’S REQUEST FOR TEMPORARY GUIDELINE SPOUSAL SUPPORT IS DENIED.
ALL PRIOR ORDERS NOT IN CONFLICT WITH THIS ORDER REMAIN IN FULL FORCE AND EFFECT. PETITIONER IS DIRECTED TO PREPARE THE FINDINGS AND ORDERS AFTER HEARING (FOAH); HOWEVER, THIS ORDER IS EFFECTIVE IMMEDIATELY UPON THE COURT’S ADOPTION OF THE TENTATIVE RULING AND IS NOT CONDITIONED ON THE PREPARATION OF THE FOAH.
NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY PHONE CALL TO THE COURT AT (530) 621-6725 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999). NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY PHONE CALL OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07.
Xspouse 2026-1-CA
Fixed Shares Father Mother Monthly figures Cash Flow #of children 3 0 2026 Guideline Proposed % time with NCP 0.00 % 49.99 % Comb. net spendable 25109 25109 Filing status MFJ-> <-MFJ GUIDELINE Percent change 0% 0% # exemptions 5 5 Nets(adjusted) Father Wages+salary 13433 13333 Father 9130 Payment cost/benefit 2689 2689 Self-employed income 0 6300 Mother 15979 Net spendable income 11819 11819 Other taxable income 0 0 Total 25109 Change from guideline 0 0 TANF+CS received 0 0 Support Other nontaxble income 0 0 Addons % of combined spendable 47% 47% 0 New spouse income 0 0 Guideln CS % of saving over guideline 0% 0% 1725 401(k) employee contrib 0 645 Total taxes 2540 2540 Alameda SS 964 Adjustments to income 0 0 Dep. exemption value 0 0 Total 2689 SS paid prev marriage 0 0 # withholding allowances 0w 0w - CS paid prev marriage 0 0 Net wage paycheck 9838 9838 Health insurance 614 83 Mother Other medical expense 0 0 Payment cost/benefit -2689 -2689 Property tax expense 0 1846 Net spendable income 13290 13290 Ded interest expense 0 6987 Proposed Change from guideline 0 0 Charitable contributions 0 0 Tactic 9 % of combined spendable 53% 53% Misc tax deductions 0 0 CS 1725 Qual bus income ded 0 0 SS % of saving over guideline 0% 0% 964 Required union dues 0 0 Total Total taxes 3571 3571 2689 Mandatory retirement 1098 0 Dep. exemption value 0 0 Hardship deduction 0 * 0 * Saving 0 # withholding allowances 0w 0w Other GDL deductions 51 0 Releases 0 Net wage paycheck 9134 9134 Child care expenses 0 0
Mother pays Guideline CS, Guideline SS, Proposed CS, Proposed SS
FC 4055 checking: ON Per Child Information Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 50 - 50 0 0 0 Father 1725 Mother 1725 Mother
50 - 50 0 0 0 Father 345 Mother 345 Mother 50 - 50 0 0 0 Father 518 Mother 518 Mother 50 - 50 0 0 0 Father 863 Mother 863 Mother
Time: 11:31:35 Superior Court of California Date: 06/03/26 County of El Dorado