Request for Order (RFO) seeking spousal support, child support, and attorney’s fees
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 30, 2026 8:30 AM/1:30 PM
5. NICOLE LONG V. KYLE LONG 24FL0660
On February 10, 2026, Petitioner filed a Request for Order (RFO) seeking spousal support, child support, and attorney’s fees. She filed her Income and Expense Declaration concurrently therewith. All required documents were served on Respondent on February 17th.
Respondent filed and served his Responsive Declaration to Request for Order and his Income and Expense Declaration on April 14th.
Petitioner filed and served an updated Income and Expense Declaration on April 20th.
Petitioner is requesting guideline child and spousal support along with an order for the parties to equally share in the costs of all extracurricular activities and uninsured medical expenses. She further requests attorney’s fees in the amount of $10,000 pursuant to Family Code § 2030.
Respondent agrees to guideline support but asks that the support calculations be made using Petitioner’s updated income. He further agrees to equally splitting the cost of agreed upon extracurricular activities. He asks that the parties alternate claiming the children on their taxes, Petitioner in the odd years and Respondent in the even years. He asks that the parties be ordered to meet and confer on the issue of health insurance each year during open enrollment. Finally, Respondent opposes the request for attorney’s fees.
Regarding support, utilizing the figures as outlined in the attached Xspouse report, the court finds that child support is $1,908 per month and spousal support per the Alameda formula is $436 per month. Respondent is ordered to pay Petitioner $2,344 per month as and for child support and temporary spousal support, payable on the 15th of the month (and deemed late if paid after the 20th of the month) until further order of the court or legal termination. This order is effective as of February 15, 2026.
The court finds the above order results in arrears in the amount of $7,032 through and including April 15, 2026. The court orders Respondent pay Petitioner $293 on the 1st of each month until paid in full (approximately 24 months). If a payment is late or missed the remaining balance is due in full with legal interest within five (5) days.
In addition to the foregoing monthly support payments, the parties are ordered to equally share in any uninsured medical care costs for the children, childcare costs when such costs are incurred as a result of employment or necessary education for employment,
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LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 30, 2026 8:30 AM/1:30 PM
and agreed upon extracurricular activities. The parties are ordered to follow the procedures as set forth in the attached FL-192.
The parties are ordered to alternate claiming the minors on their taxes. Petitioner is to claim both children for odd tax years. Respondent will claim the children on even tax years. Additionally, the parties are ordered to meet and confer on the issue of health care for the children annually during open enrollment.
Finally, regarding the request for attorney’s fees the request is denied. The public policy of Family Code section 2030 is to provide “at the outset of litigation, consistent with the financial circumstances of the parties, parity between spouses in their ability to obtain effective legal representation.” In Re Marriage of Keech,75 Cal. App. 4th 860, 866 (1999). This ensures each party has access to legal representation to preserve each party’s rights. In the face of a request for attorney’s fees and costs, the court is to make findings on “whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties.” Fam. Code § 2030(a)(2).
Here, while there is a disparity in income between the parties, that disparity is significantly decreased by the support orders made herein. Additionally, Petitioner has over $50,000 in liquid assets available to her to pay for her attorney’s fees and costs. Therefore, the court does not find that there is unequal access to counsel and the request for attorney’s fees is denied.
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 #5: REGARDING SUPPORT, UTILIZING THE FIGURES AS OUTLINED IN THE ATTACHED XSPOUSE REPORT, THE COURT FINDS THAT CHILD SUPPORT IS $1,908 PER MONTH AND SPOUSAL SUPPORT PER THE ALAMEDA FORMULA IS $436 PER MONTH. RESPONDENT IS ORDERED TO PAY PETITIONER $2,344 PER MONTH AS AND FOR CHILD SUPPORT AND TEMPORARY SPOUSAL SUPPORT, PAYABLE ON THE 15TH OF THE MONTH (AND DEEMED LATE IF PAID AFTER THE 20TH OF THE MONTH) UNTIL FURTHER ORDER OF THE COURT OR LEGAL TERMINATION. THIS ORDER IS EFFECTIVE AS OF FEBRUARY 15, 2026.
THE COURT FINDS THE ABOVE ORDER RESULTS IN ARREARS IN THE AMOUNT OF $7,032 THROUGH AND INCLUDING APRIL 15, 2026. THE COURT ORDERS RESPONDENT PAY PETITIONER $293 ON THE 1ST OF EACH MONTH UNTIL PAID IN FULL
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 30, 2026 8:30 AM/1:30 PM
(APPROXIMATELY 24 MONTHS). IF A PAYMENT IS LATE OR MISSED THE REMAINING BALANCE IS DUE IN FULL WITH LEGAL INTEREST WITHIN FIVE (5) DAYS.
IN ADDITION TO THE FOREGOING MONTHLY SUPPORT PAYMENTS, THE PARTIES ARE ORDERED TO EQUALLY SHARE IN ANY UNINSURED MEDICAL CARE COSTS FOR THE CHILDREN, CHILDCARE COSTS WHEN SUCH COSTS ARE INCURRED AS A RESULT OF EMPLOYMENT OR NECESSARY EDUCATION FOR EMPLOYMENT, AND AGREED UPON EXTRACURRICULAR ACTIVITIES. THE PARTIES ARE ORDERED TO FOLLOW THE PROCEDURES AS SET FORTH IN THE ATTACHED FL-192.
THE PARTIES ARE ORDERED TO ALTERNATE CLAIMING THE MINORS ON THEIR TAXES. PETITIONER IS TO CLAIM BOTH CHILDREN FOR ODD TAX YEARS. RESPONDENT WILL CLAIM THE CHILDREN ON EVEN TAX YEARS. ADDITIONALLY, THE PARTIES ARE ORDERED TO MEET AND CONFER ON THE ISSUE OF HEALTH CARE FOR THE CHILDREN ANNUALLY DURING OPEN ENROLLMENT.
THE REQUEST FOR ATTORNEY’S FEES IS DENIED.
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.