Ian Davis-Tremayne v. Natalie Davis-Tremayne

This matter was continued for hearing on (1) custody/Vvisitation regarding the parties’ children: Corbin (DOB 7/5/2012) and Nova (DOB 10/10/2015), (2) review of child support and pendente lite spousal support, (3) Respondent/Mother’s request for attorneys’ fees and costs, and (4) trial readiness conference.

Custody/Visitation

Through Family Court Services (“FCS”), the parties entered into a Mediated Custody Agreement, which was approved by the Court and filed on 5/4/2026. The Court will incorporate the agreement into its Findings and Order After Hearing, and this issue is taken off calendar.

Child Support and Pendente Lite Spousal Support

On 4/24/2026, Father filed a Supplemental Responsive Declaration and Petitioner’s Amended Assumptions and Calculations for Child Support and Spousal Support. Father requests the Court modify support to adopt the Xspouse calculation prepared by Alex Spaete, CPA, based on Mr. Spaete’s revised report of income available for support which now takes account of the 2025 Profit & Loss Statement (“P&L”) for Tremayne Group Chiropractic Inc. The Court notes Mother filed no opposition to the Amended Calculation or updated Spaete report of income available for support. However, as the Court stated in its last FOAH, it does not deem it appropriate to impute Mother with income at this time. Therefore, the Court has prepared its own Xspouse calculation using all of the same assumptions stated in Petitioner’s Amended Assumptions and Calculations, except Mother’s income remains at $2,080/month.

Based on these assumptions, the Court orders as follows:

1. Effective May 1, 2026, Father shall pay to Mother as and for guideline child support the sum of $2,276/month ($804 for the benefit of Corbin, and $1,472 for the benefit of Nova). Said support is payable on or before the first day of each month.

In addition, bonus child support shall be payable by Father to Mother if his income exceeds the amount attributed to him on Exhibit “A.” Bonus child support shall be paid in accordance with the Xspouse bonus schedule attached as Exhibit “A-1.”

Child support shall continue until (1) the child reaches the age of 18, or if still a full- time student in high school at age 18, until the child reaches age 19 or graduates from high school, whichever first occurs; (2) the child dies; or (3) the child is emancipated. The amount of child support is modifiable if there is a material change of circumstances for either party.

In addition, the parties shall share, in proportion to their net incomes with Father paying 60% and Mother paying 40% of all reasonable uninsured medical expenses and dental expenses incurred on behalf of their children, and childcare costs related to either party’s employment or reasonably necessary education or training for employment skills. The parties are ordered to comply with the provisions of Family Code § 4063 in seeking reimbursement for uninsured medical and dental expenses, and a copy of the NOTICE OF RIGHTS AND RESPONSIBLITIES — Health-Care Costs and Reimbursement Procedures is attached to the Order After Hearing. These provisions shall apply to reimbursement for childcare expenses, as well.

Pendente Lite Spousal Support

Based upon Exhibit “A” attached hereto, the Court orders as follows:

5. Effective 5/1/2026 Father shall pay to Mother as and for guideline pendente lite spousal support the sum of $1,555/month, payable on or before the first day of each month.

In addition, bonus spousal support shall be payable by Father to Mother if his income exceeds the amount attributed to him on Exhibit “A.” Bonus spousal support shall be paid in accordance with the Xspouse bonus schedule attached as Exhibit “A-1.”

Spousal support shall continue until Wife remarries, either party dies, or further order of the Court.

8. Spousal support is neither taxable to the recipient nor deductible by the payor.

Attorneys’ Fees and Costs

Mother requested Father pay her attorneys’ fees and costs of $20,000 pursuant to Family Code §2030. At the initial hearing on 3/20/2026, the Court ordered (a) Father advance the sum of $10,000 as and for attorneys’ fees to Mother by 3/10/2026, with the Court reserving jurisdiction as to the ultimate allocation of said fees; and (b) Mother’s Counsel to supplement her Declaration to specify work anticipated to be necessary, estimated time-fees to accomplish further tasks and provide billing statements, with only privileged information redacted, to be filed with the Court by 4/10/2026, and Father to file any response by 4/24/2026. (See FOAH filed 4/14/2026, attached Tentative Ruling, page 5, Nos. 14-15.) Counsel’s Declaration was filed on 4/15/2026.

Having now reviewed Counsel’s billing statements, the Court finds the work done and fees for such work were both reasonable. In addition, the Court is satisfied that Wife will need an expert accountant (albeit presumably only one) to address support and valuation of the chiropractic practice. The Court finds $7,500 to be a reasonable retainer for an expert accountant for these issues. The Court further finds that, given the parties’ respective incomes, that Father is in a better position to pay at least some of Mother’s attorneys’ fees and expenses and is in a better position to access funds. Therefore, the Court orders:

9. Father shall advance the additional sum of $7,500 to Mother to retain an expert.

10. The Court orders both parties to lodge their Schedules of Assets & Debts with the Court within 10 days of the date of this order.

Notice of ATRO Violation

This issue is not properly before the Court at this time and will not be considered.

Trial Readiness

Both parties filed Trial Readiness Conference Statements on 5/4/2026. Father states the case will be ready for Bench Bar Settlement Conference on 6/1/2026. Mother states that discovery is not complete in that a business valuation of the medical practice needs to be done. She states the case will be ready for trial in 12/2026.

Appearances required.

The Court will prepare the order.

Any party who disagrees with the Court's tentative ruling and wishes to have oral argument must notify the Court at (415) 444-7046 and opposing counsel (or if the opposing party is selfrepresented, notice must be given directly to the opposing party) of their intent to appear at the hearing for oral argument by 4:00 pm on the court day before the hearing, as required by Marin County Superior Court Family Law Local Rules 7.12(B) and (C). Notice may be given by

telephone or in person. Absent proper notice, no oral argument will be permitted. If no request for oral argument is made, the tentative ruling will become the order of the Court.

Unless otherwise ordered by the Court, persons who requested oral argument must appear for the hearing in person or remotely via Zoom, in accordance with the Court website guidelines. If appearing remotely via Zoom (video or telephone), you are responsible for ensuring you have adequate connectivity; the Court may proceed in a party’s absence if technical issues arise. Proper Zoom etiquette and courtroom decorum are required, and failure to comply may result in the hearing being halted and an order to appear in person being made.