Request for Order regarding child/spousal support and attorney fees
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 9, 2026 8:30 a.m./1:30 p.m.
8. MADISON MEXIA V. JOSEPH MEXIA 25FL0339
This matter was continued from January 15, 2026, regarding the Petitioner’s Request for Order (RFO) filed October 10, 2025, to set child custody and visitation, child support and spousal support, and issue an award of need-based attorney fees (see Fam. Code, § 2030, et seq.) in the amount of $6,500.00. At the January 15 hearing, the court (1) ordered both parties to file and serve their current Income and Expense Declarations (I&E) with supporting documentation; (2) referred the parties to a CCRC session set for February 5, 2026; and (3) authorized the parties to utilize a private mediator if they agree to do so.
On March 26, 2026, the Petitioner filed her current I&E, which was electronically served upon the Respondent that same day according to the proof of service, also filed March 26, 2026. Petitioner declares she is unemployed and has zero monthly income.
On April 1, 2026, the Respondent filed his current I&E. However, there is no supporting documentation (i.e., paystubs) attached to Respondent’s I&E. Further, there is no proof of service for Respondent’s I&E in the court’s file. Because there is no proof of service, the court does not consider Respondent’s I&E. The only evidence before the court of Respondent’s income is found in Petitioner’s I&E, which estimates Respondent’s gross monthly income to be $10,000.00. The court will use this figure to calculate child and spousal support amounts.
The court is in receipt of a CCRC report dated March 27, 2026. A copy of the report was electronically served upon both parties, as well as the Petitioner’s attorney, on March 27, 2026, according to the Clerk’s Certificate of Mailing filed that same day.
On April 2, 2026, the Petitioner filed a reply declaration concerning the CCRC report, a copy of which was electronically served upon the Respondent that same day according to the proof of service filed April 3, 2026.
Respondent filed a Declaration on April 7, 2026. There is no Proof of Service for this document, and as such, the court has not considered it. Further, the court finds this to be late filed, and would not have considered it on those grounds as well.
The court finds that the recommendations of the CCRC counselor in the March 27, 2026, report are in the best interests of the parties’ children and so adopts them as the orders of the court.
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LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 9, 2026 8:30 a.m./1:30 p.m.
Turning to the issue of child support, the court finds that Respondent’s custody share of the parties’ minor children, JM (age 4) and RM (age 2), is approximately 13 percent. The court bases this figure on the fact that Respondent shall have visitation with the children at least two times per month. According to the CCRC report, Respondent believes it is possible for him to visit the children one time per month in El Dorado County (where Petitioner resides) and one time per month in San Luis Obispo (where Respondent resides). Thus, the court approximates that Respondent will have visitation two weekends per month (96 hours of visitation / 720 hours in a month = 13 percent, rounded down to nearest whole number).
As shown in the attached XSpouse calculation printout, Respondent is ordered to pay child support to the Petitioner in the amount of $3,324, and temporary guideline spousal support to the Petitioner in the amount of $1,621.00. This order is effective November 1, 2025. Payments are 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 $29,676 for the months of November through April inclusive. The court is ordering Respondent to pay Petitioner $1,483.80 per month as and for arrears beginning May 15, 2026. Further payments are due on the 15th of each month until paid in full (approximately 20 months). If there is any missed or late payment, the full amount is due and owing.
Lastly, the court addresses the issue of attorney fees. Family Code section 2030, subdivision (a)(1) provides: “In a proceeding for dissolution of marriage ..., the court shall ensure that each party has access to legal representation, including access early in the proceedings, to preserve each party’s rights by ordering, if necessary based on the income and needs assessments, one party ... to pay the other party, or to the other party’s attorney, whatever amount is reasonably necessary for attorney’s fees and for the cost of maintaining or defending the proceeding during the pendency of the proceeding.”
When a request for attorney fees is made under Family Code section 2030, the trial court must make findings on (1) whether a fee award is appropriate, (2) whether there is a disparity in access to funds to retain counsel, and (3) whether one party is able to pay for the legal fees of both parties. (Fam. Code, § 2030, subd. (a)(2).) The court must award attorney fees if the findings demonstrate a disparity in access and ability to pay. (Ibid.) However, an award of attorney fees under Family Code section 2030 must be just and reasonable under the relative circumstances of the parties. (Fam. Code, § 2032, subd. (a); In re Marriage of Sorge (2012) 202 Cal.App.4th 626, 662–663.)
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 9, 2026 8:30 a.m./1:30 p.m.
In light of the court’s tentative ruling regarding child and spousal support, including the relatively large amount of arrears, the court finds that the Respondent does not presently have the ability to pay the legal representation fees of both parties. Therefore, the court denies Petitioner’s request for attorney fees without prejudice.
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 #8: THE PETITIONER’S RFO IS GRANTED IN PART AND DENIED IN PART. THE COURT FINDS THAT THE RECOMMENDATIONS OF THE CCRC COUNSELOR IN THE MARCH 27, 2026, REPORT ARE IN THE BEST INTERESTS OF THE PARTIES’ CHILDREN AND SO ADOPTS THEM AS THE ORDERS OF THE COURT.
RESPONDENT IS ORDERED TO PAY CHILD SUPPORT TO THE PETITIONER IN THE AMOUNT OF $3,324, AND TEMPORARY GUIDELINE SPOUSAL SUPPORT TO THE PETITIONER IN THE AMOUNT OF $1,621.00. THIS ORDER IS EFFECTIVE NOVEMBER 1, 2025. PAYMENTS ARE 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 $29,676 FOR THE MONTHS OF NOVEMBER THROUGH APRIL INCLUSIVE. THE COURT IS ORDERING RESPONDENT TO PAY PETITIONER $1,483.80 PER MONTH AS AND FOR ARREARS BEGINNING MAY 15, 2026. FURTHER PAYMENTS ARE DUE ON THE 15TH OF EACH MONTH UNTIL PAID IN FULL (APPROXIMATELY 20 MONTHS). IF THERE IS ANY MISSED OR LATE PAYMENT, THE FULL AMOUNT IS DUE AND OWING.
THE PETITIONER’S REQUEST FOR ATTORNEY FEES IS DENIED WITHOUT PREJUDICE.
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) 621-6275 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
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 9, 2026 8:30 a.m./1:30 p.m.
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 0 2 2026 % time with NCP 13.00 % 0.00 % Combined net spendable 8454 Filing status MFJ-> <-MFJ Nets(adjusted) # exemptions 1 * 3 * Father 8454 Father Wages+salary 10000 0 Mother 0 Payment Cost/Benefit -4946 Self-employed income 0 0 Total 8454 Net spendable income 3508 Other taxable income 0 0 Support Federal income tax 470 TANF+CS received 0 0 Addons 0 Federal employment tax 765 Other nontaxble income 0 0 New spouse income 0 0 Guideln CS 3324 State income tax 181 401(k) employee contrib 0 0 Alameda SS 1621 State employment tax 130 Adjustments to income 0 0 Total 4946 Total taxes 1546 SS paid prev marriage 0 0 - Federal filing status MFJIN CS paid prev marriage 0 0 State filing status MFJIN Health insurance 0 0 Other medical expense 0 0 Mother Property tax expense 0 0 Payment Cost/Benefit 4946 Ded interest expense 0 0 Net spendable income 4946 Charitable contributions 0 0 Federal income tax 0 Misc tax deductions 0 0 Federal employment tax 0 Qual bus income ded 0 0 Required union dues 0 0 State income tax 0 Mandatory retirement 0 0 State employment tax 0 Hardship deduction 0 * 0 * Total taxes 0 Other GDL deductions 0 0 Federal filing status MFJIN Child care expenses 0 0 State filing status MFJIN
Father pays child support, spousal support
FC 4055 checking: ON Per Child Information Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 12 - 88 0 0 0 Father 3324 Father 3324 Father
13 - 87 0 0 0 Father 1302 Father 1302 Father 13 - 87 0 0 0 Father 2023 Father 2023 Father
Time: 11:04:39 Superior Court of California Date: 04/08/26 County of El Dorado