Request for Order - Spousal Support; Discovery requests
Petitioner Albert Collell (Husband) filed a request for order (RFO) seeking to modify the pendente lite spousal support order of April 15, 2026. At an ex parte hearing, the Court temporarily stayed all but $1,500 of the $4,014 support order pending further analysis of Husband’s financial circumstances. Husband seeks a reduction in the spousal support, imputation of income to Wife at $7,500, full financial disclosure of records of Wife’s company, credit for $48,862 in post-separation housing payments, and a payment schedule for the support in arrears.
The parties executed a marital settlement agreement (MSA) but never reduced the agreement to a judgment. Wife has previously requested the MSA be enforced but has taken no steps to do so. The Court interpreted her request a motion under Code of Civil Procedure section 664.6, and previously referred the parties to the Family Law Facilitator for assistance in preparing and filing a judgment packet. Husband claims the MSA is voidable as it was fraudulently induced, but nonetheless relies on it to argue for reduced support.
In her responsive papers, Wife asks to maintain support consistent with Husband’s current and verifiable earning capacity and Wife’s demonstrated need. Wife also requests Husband to provide complete and current financial disclosures, including bank and credit card statements for the past 6 months and all current pay records. Wife further seeks an order for Husband to provide documentation sufficient to verify whether he receives compensation, stipends, or other financial benefits associated with his lecturer and mentor role at Sanford University.
Wife also requests Husband be solely responsible for the 2024 federal tax liability arising from his income, indemnify and hold Wife harmless, and promptly reinstate and maintain any installment agreement with the IRS or satisfy the obligation with proof of compliance upon request. Finally, Wife asks for an order for Husband to reimburse Wife for 50% of her estimated 2025 medical expenses of $3,377 pursuant to the MSA.
Support
Husband has demonstrated no basis to impute $7,500 monthly income to Wife. Wife is making efforts to be self-supporting notwithstanding her documented health conditions. Husband has accrued significant discretionary expenses, including payments on two luxury cars. Husband claims there is a prenuptial agreement that prohibits support; Wife claims the agreement has not been fully executed. Husband provided a copy of a signed agreement (which is also referenced in the MSA), but the enforceability of the prenuptial agreement is reserved to trial.
Both parties have provided additional financial information, but nothing they provided materially changes the guideline calculations. The request to modify the spousal support calculation is DENIED. Furthermore, Husband’s circumstances no longer justify the previously imposed stay. Therefore, the stay is lifted effective July 1, 2026. Beginning July 1, 2026, Husband must pay support in the amount of $4,014, payable 50% on the first of each month and 50% on the fifteenth of each month.
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Discovery Requests
Both parties have made requests for orders to compel disclosure of certain discovery. Husband has refused to provide requested materials absent formal discovery or court order. The Court encourages the parties to informally exchange relevant information, but neither party has propounded formal discovery and each party’s discovery requests are DENIED.
Request for Reimbursement
Husband requested credits for post-separation housing payments. This is a trial issue. The request is DENIED. Any potential credits for post-separation housing payments will be determined at trial.
Wife requested reimbursement for 50% of her 2025 medical expenses pursuant to the MSA. This is also a trial issue. The request is DENIED. Any reimbursement for medical expenses will be determined at trial.
Tax Liability
Wife seeks an order holding Husband solely responsible for their 2024 federal tax liability. Wife states Husband established and managed an installment arrangement with the IRS to pay tax due based on Husband’s 2024 income. Wife states she earned no income in 2024 and reported a business loss. Characterization of debt is a trial issue. The request is DENIED and assignment of debt is reserved to trial.
Wife also states Husband has defaulted on the agreement, which has endangered a separate installment agreement she has with the IRS. Both parties have a fiduciary duty not to impair the martial estate or impact each other’s credit. It is unclear if Wife can reinstate or renegotiate the settlement agreement. Husband is advised that at the trial, the Court can consider his failure to maintain the agreement when allocating debt.
Other Issues
On February 3, 2026, Wife filed a document purporting to contain 2023 and 2024 tax returns, but none were attached. Wife is referred to the Legal Self-Help Office for assistance in confidentially lodging her returns. Wife must lodge and serve her 2023 and 2024 tax returns by June 26, 2026.
The parties already have a Bench Bar Settlement Conference and trial setting date. Those dates remain as set.
As authorized by CRC Rule 5.125, the Court shall prepare the formal Findings and Order After Hearing.