Request for Order for custody, visitation, child support, spousal support
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 11, 2026 8:30 AM/1:30 PM
4. JILL CURTIS V. FRANCIS CURTIS 24FL0704
On March 11, 2026, Respondent filed a Request for Order (RFO) seeking custody and visitation orders as well as child and spousal support. He filed his Income and Expense Declaration and a Memorandum of Points and Authorities concurrently therewith. All required documents were served on March 13th.
The parties attended Child Custody Recommending Counseling (CCRC) on April 10, 2026 and were able to reach agreements on some issues. A report codifying those agreements was prepared and mailed to the parties the same day.
Petitioner filed and served her Responsive Declaration to Request for Order, her Income and Expense Declaration and her Declaration of Petitioner Jill Curtis on May 29th.
Respondent filed and served his reply declaration on June 4th.
Respondent is requesting joint legal custody, though he asks that he be awarded primary physical custody. He proposes the child have visits with Petitioner at the child’s discretion. He further requests guideline child support and guideline spousal support back to the date of filing the Petition in accordance with his Exhibit A proposed Xspouse report. He also asks the court to order the parties to equally split any out-of-pocket medical costs for the minor pursuant to FL-192.
Petitioner asks the court to adopt the agreements in the CCRC report. She further asks the court to deny Respondent’s requests for retroactive child and spousal support. She does not oppose guideline child support orders but she asks that Respondent be ordered to provide documentation detailing his business expenses for the year 2024 and 2025.
After reviewing the filings as outlined above, the court does find the agreements contained in the April 10, 2026 CCRC report to be in the best interests of the minor and they are hereby adopted as the orders of the court.
The court is adopting the Xspouse report attached as Exhibit A to the RFO. Utilizing the same figures as outlined therein, the court finds that child support is $1,497 per month and spousal support per the Alameda formula is $293 per month. Petitioner is ordered to pay Respondent a total of $1,789 per month as and for child support and temporary spousal support, payable on the 15th of each month until further order of the court or legal termination.
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 11, 2026 8:30 AM/1:30 PM
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The order of support is effective as of March 15, 2026. Respondent requests support back to the filing of the Petition or, alternatively, to the filing of the Response to the Petition. However, Respondent has made no showing that Petitioner was on notice of Respondent’s request for support during that time. In fact, the Response filed on September 29, 2025 simply asks the court to reserve on support. Furthermore, the Response puts the parties on notice that child support will be ordered upon request and the filing of the proper financial forms by the requesting party. Even then, Respondent waited an additional six months before making such a request. So, while the court concedes it has legal authority to award support back to the filing of the Petition, the court sees no grounds to do so here.
The court finds the above order results in arrears in the amount of $5,367 through and including May 15, 2026. The court orders Petitioner to pay Respondent $178.90 on the 1st of each month commencing on July 1, 2026 and continuing until paid in full (approximately 30 months). If any payment is late or missed the entire remaining balance shall become immediately 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 minor. The parties are ordered to follow the procedures set forth in the attached FL-192.
Respondent 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 #4: AFTER REVIEWING THE FILINGS AS OUTLINED ABOVE, THE COURT DOES FIND THE AGREEMENTS CONTAINED IN THE APRIL 10, 2026 CCRC REPORT TO BE IN THE BEST INTERESTS OF THE MINOR AND THEY ARE HEREBY ADOPTED AS THE ORDERS OF THE COURT.
THE COURT IS ADOPTING THE XSPOUSE REPORT ATTACHED AS EXHIBIT A TO THE RFO. UTILIZING THE SAME FIGURES AS OUTLINED THEREIN, THE COURT FINDS THAT CHILD SUPPORT IS $1,497 PER MONTH AND SPOUSAL SUPPORT PER THE ALAMEDA FORMULA IS $293 PER MONTH. PETITIONER IS ORDERED TO PAY RESPONDENT A TOTAL OF $1,789 PER MONTH AS AND FOR CHILD SUPPORT AND TEMPORARY SPOUSAL SUPPORT, PAYABLE ON THE 15TH OF EACH MONTH UNTIL FURTHER ORDER OF THE COURT OR LEGAL TERMINATION. THE ORDER OF SUPPORT IS EFFECTIVE AS OF MARCH 15, 2026.
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 11, 2026 8:30 AM/1:30 PM
THE COURT FINDS THE ABOVE ORDER RESULTS IN ARREARS IN THE AMOUNT OF $5,367 THROUGH AND INCLUDING MAY 15, 2026. THE COURT ORDERS PETITIONER TO PAY RESPONDENT $178.90 ON THE 1ST OF EACH MONTH COMMENCING ON JULY 1, 2026 AND CONTINUING UNTIL PAID IN FULL (APPROXIMATELY 30 MONTHS). IF ANY PAYMENT IS LATE OR MISSED THE ENTIRE REMAINING BALANCE SHALL BECOME IMMEDIATELY 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 MINOR. THE PARTIES ARE ORDERED TO FOLLOW THE PROCEDURES AS SET FORTH IN THE ATTACHED FL-192.
RESPONDENT 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.