Other Review Hearing; Request for Hearing and Application to Set Aside Support Order
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 SILVIA MICHELLE ALEMAN,) Case Number: FDI-25-801091) 7 Petitioner) Hearing Date: May 28, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ANDREW REYES,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 OTHER REVIEW HEARING; REQUEST FOR HEARING AND APPLICATION TO SET ASIDE 13 SUPPORT ORDER UNDER FAMILY CODE SECTION 3691 14 TENTATIVE RULING 15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 16 Court makes the following findings and orders: 17 A.
Procedural History 18 1) The parties in this matter are Petitioner Silvia Aleman (Wife) and Respondent Andrew Reyes 19 (Husband). The parties married on 3/14/2009 and they agree their date of separation is 3/8/2025, 20 for a marriage of 15 years and 11 months. The parties have no minor children. Both parties are 21 self-represented. 22 2) On 3/26/2025, in related Case No. FDV-25-818257, the Court denied Husband’s request for a 23 Domestic Violence Restraining Order against Wife. 24 3) Issues Regarding Wife’s Preliminary Declaration of Disclosure 25 a.
At the prior 4/30/2026 hearing, among other orders made, the Court ordered Wife to 26 serve on Husband all documents that are required to be included with a Preliminary 27 Declaration of Disclosure and to file a Declaration Regarding Service (FL-141) no later 28 than 5/8/2026. A hearing was set for 5/28/2026 to “review Wife’s compliance with this 29 order and consider awarding sanctions to Husband.”
1 b. On 4/30/2026, Wife filed a Declaration Regarding Service of Declaration of Disclosure 2 stating that her Preliminary Declaration of Disclosure was emailed and mailed to 3 Husband on 4/30/2026. 4 c. On 5/13/2026, Husband filed a Declaration naming over 6 pages of “deficiencies” in 5 Wife’s Preliminary Declaration of Disclosure which will not be restated here. 6 d. On 5/18/2026, Wife filed a Declaration in Response to Andrew Reyes’ Declaration 7 Identifying Deficiencies in Petitioner’s Preliminary Declaration of Disclosure.
Wife 8 states that Husband demands strict compliance with disclosure requirements while failing 9 to satisfy those same requirements himself. Wife states that Husband has failed to 10 respond to discovery and owes her $11,079 in support arrearages plus Smith / Ostler 11 bonus support arrears. 12 e. On 5/20/2026, Husband filed a Declaration naming the following additional 13 “deficiencies” in Wife’s Preliminary Declaration of Disclosure: 14 i. Wife did not produce any tax returns and stated she would only provide IRS 15 Form 4868 for tax year 2025 “upon request from the court” 16 ii.
Wife must produce a complete platform-generated Venmo statement from her 17 phone or laptop showing account holder, beginning balance, ending balance, 18 current balance, and most recent months transaction history 19 iii. Wife must produce documentation substantiating her claimed monthly housing 20 expense 21 iv. Wife must correct her Income and Expense Declaration to quantify the value of 22 the housing and related living expenses she receives through her pet-sitting 23 arrangements” 24 4. Husband’s Request to Set Aside Prior Temporary Spousal Support Orders 25 a.
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Also on for hearing is Husband’s Request for Hearing and Application to Set Aside 26 Support Order Under Family Code section 3691 filed 3/20/2026. Husband asks the Court 27 to set aside the Court’s prior orders (made on 9/2/2025 and 11/4/2025) which require 28 Husband to pay Wife $3,693 per month in temporary guideline spousal support, plus 29 Smith / Ostler bonus support. Husband states that Wife failed to timely serve or failed to
1 serve completely documents related to Wife’s spousal support request, including Wife’s 2 initial FL-300 requesting spousal support and the declarations filed on 7/3/2025, 3 7/30/2025, 8/19/2025, and 10/20/2025. Husband states that Akbar Khan signed various 4 Proofs of Service stating that these documents were served on Husband, but Husband 5 obtained a signed affidavit by Akbar Khan stating that he did not sign the Proofs of 6 Service nor serve the documents in question. Husband also states that after the spousal 7 support proceedings had concluded, Wife admitted that following the parties’ separation 8 she has stayed with friends or exchanged pet sitting services for temporary housing, 9 which means that Wife materially misrepresented her needs when she filed her spousal 10 support request.
Husband states that, as a result, he paid $20,000 in temporary spousal 11 support based on “materially overstated need.” Husband asks the Court to set aside the 12 prior support orders or waive any claimed arrears. Husband also requests monetary 13 sanctions under Family Code section 271. 14 b. On 5/4/2026 and 5/6/2026, Wife filed identical Declarations stating she was never served 15 with Husband’s request to set aside the temporary spousal support orders. Wife states she 16 only became aware of this motion by reviewing the Register of Actions.
Wife asks the 17 Court to “note this failure for the record, require Respondent to immediately serve 18 Petitioner with the Section 3691 motion and all supporting documents, and require 19 Respondent to file a proof of service with the Court confirming such service before the 20 May 28, 2026 hearing proceeds.” 21 c. On 5/20/2026, Husband filed a Declaration in Support of Motion to Set Aside Temporary 22 Support Order. Among other arguments and statements made, Husband states, “Petitioner 23 has not filed a Responsive Declaration (FL-320) directly addressing the allegations 24 concerning forged proofs of service or the alleged misrepresentations regarding her 25 housing expenses.” 26 B.
Findings and Order 27 1) No later than 6/15/2026, Wife shall serve on Husband a copy of her IRS Form 4868 for tax year 28 2025 as well as an updated Schedule of Assets and Debts which addresses the following issues: 29
1 a. Wife shall list the account name, account number, bank name, or branch of her checking 2 and savings accounts and she shall also attach account statements for the past two months 3 b. Wife shall not leave any category of assets or debts blank. If she does not own or possess 4 any asset or debt in the corresponding category, she must write “none.” 5 2) Husband’s request that the Court order Wife to correct all other named deficiencies is denied, 6 albeit without prejudice to Husband’s ability to conduct discovery to address additional requests 7 for information. 8 3) Husband’s request for sanctions related to Wife’s Preliminary Declaration of Disclosure is 9 denied. 10 4) The Court does not see Proofs of Service on file demonstrating service of Husband’s Request for 11 Hearing and Application to Set Aside Support Order Under Family Code section 3691 filed on 12 3/20/2026 or Husband’s Declaration in Support of Motion to Set Aside Temporary Support Order 13 filed on 5/20/2026.
The Court also does not see a Proof of Service on file demonstrating service 14 of Wife’s Declaration filed on 5/4/2026. The hearing on Husband’s request to set aside the 15 Court’s prior temporary support orders is hereby continued to Tuesday, 8/11/2026 at 9:00 AM in 16 Dept. 404. 17 5) By the deadlines set forth in the Code of Civil Procedure, Husband shall have the pleadings he 18 filed on 3/20/2026 and 5/20/2026 served on Wife. 19 6) By the deadlines set forth in the Code of Civil Procedure, Wife shall file a Responsive 20 Declaration and have her Responsive Declaration and her declarations filed on 5/4/2026 and 21 5/6/2026 served on Husband. 22 7) By the deadlines set forth in the Code of Civil Procedure, Husband may file and serve a Reply 23 Declaration (not to exceed 5 pages in length, not including exhibits). 24 8) The Court will prepare the Findings and Order After Hearing. 25
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