Request for order to stay proceedings; Child support orders
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 18, 2026 8:30 a.m./1:30 p.m.
2. CARLEY BAGATELOS V. THEODORE BAGATELOS 25FL1006
On March 23, 2026, Respondent filed a Request for Order (RFO) seeking to stay proceedings. There is no Proof of Service for this document therefore the matter is dropped from calendar due to lack of proper service.
Petitioner filed an RFO on May 29, 2026, seeking child support orders. She filed her Income and Expense Declaration on May 28th.
Because this was originally filed as part of an Order Shortening Time (OST), Respondent filed and served his Responsive Declaration to Request for Order and his Income and Expense Declaration on May 29th.
Petitioner filed and served a supplemental declaration on June 4th.
On June 12th, Respondent filed and served a supplemental declaration and Respondent’s Declaration Re: Good Cause to Consider Supplemental Declaration.
Petitioner filed an objection to the supplemental declaration. She objects to the supplemental declaration as untimely pursuant to Local Rule 8.05.04 and Civil Procedure § 1010. The objection is sustained. The court has read and considered Respondent’s declaration regarding good cause and the court does not find that the facts contained therein constitute good cause to consider the late filed supplemental declaration. As such, Respondent’s June 12, 2026 Supplemental Declaration has not been read or considered.
Petitioner is requesting guideline child support for each of the children. She asks that Respondent be imputed with income in the amount of $7,800 and she asks that support be retroactive back to the date of filing the RFO.
Respondent stipulates to the imputation of income in the amount of $7,800. He states that he has visits with the children twice per week at two hours per visit.
Utilizing the same figures as outlined above, the court finds that child support is $2,413 per month. See attached Xspouse report. The court adopts the attached Xspouse report and orders Respondent to pay Petitioner $2,413 per month as and for child support, payable on the 1st of the month until further order of the court or legal termination. This order for child support is effective June 1, 2026.
The court finds the above order results in arrears in the amount of $2,413 through and including June 1, 2026. The court orders Respondent pay Petitioner $201.08 on the
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 June 18, 2026 8:30 a.m./1:30 p.m.
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15th of each month until paid in full (approximately 12 months). If any payment is missed or late the entire amount shall become immediately due and payable with legal interest.
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 #2: RESPONDENT’S MARCH 23, 2026 RFO IS DROPPED FROM CALENDAR DUE TO LACK OF PROPER SERVICE. PETITIONER’S OBJECTION TO RESPONDENT’S JUNE 12, 2026 SUPPLEMENTAL DECLARATION IS SUSTAINED. THE SUPPLEMENTAL DECLARATION HAS NOT BEEN READ OR CONSIDERED.
UTILIZING THE SAME FIGURES AS OUTLINED ABOVE, THE COURT FINDS THAT CHILD SUPPORT IS $2,413 PER MONTH. SEE ATTACHED XSPOUSE REPORT. THE COURT ADOPTS THE ATTACHED XSPOUSE REPORT AND ORDERS RESPONDENT TO PAY PETITIONER $2,413 PER MONTH AS AND FOR CHILD SUPPORT, PAYABLE ON THE 1ST OF THE MONTH UNTIL FURTHER ORDER OF THE COURT OR LEGAL TERMINATION. THIS ORDER FOR CHILD SUPPORT IS EFFECTIVE AS OF JUNE 1, 2026.
THE COURT FINDS THE ABOVE ORDER RESULTS IN ARREARS IN THE AMOUNT OF $2,413 THROUGH AND INCLUDING JUNE 1, 2026. THE COURT ORDERS RESPONDENT PAY PETITIONER $201.08 ON THE 15TH OF EACH MONTH UNTIL PAID IN FULL (APPROXIMATELY 12 MONTHS). IF ANY PAYMENT IS MISSED OR LATE THE ENTIRE AMOUNT SHALL BECOME IMMEDIATELY DUE AND PAYABLE WITH LEGAL INTEREST.
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) 621-6725 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.
Xspouse 2026-1-CA
Fixed Shares Father Mother Monthly figures Cash Flow #of children 0 3 2026 Guideline Proposed % time with NCP 2.00 % 0.00 % Comb. net spendable 12116 12116 Filing status MFS-> <-MFS GUIDELINE Percent change 0% 0% # exemptions 1 * 4 * Nets(adjusted) Father Wages+salary 0 8872 Father 5530 Payment cost/benefit -2413 -2413 Self-employed income 7800 0 Mother 6586 Net spendable income 3117 3117 Other taxable income 0 0 Total 12116 Change from guideline 0 0 TANF+CS received 0 0 Support Other nontaxble income 0 0 Addons % of combined spendable 26% 26% 0 New spouse income 0 0 Guideln CS % of saving over guideline 0% 0% -2413 401(k) employee contrib 0 0 Total taxes 2270 2270 Alameda SS 0 Adjustments to income 0 0 Dep. exemption value 0 0 Total -2413 SS paid prev marriage 0 0 # withholding allowances 0w 0w - CS paid prev marriage 0 0 Settings changed Net wage paycheck 0 0 Health insurance 0 0 Mother Other medical expense 0 0 Payment cost/benefit 2413 2413 Property tax expense 0 0 Net spendable income 8999 8999 Ded interest expense 0 0 Proposed Change from guideline 0 0 Charitable contributions 0 0 Tactic 9 % of combined spendable 74% 74% Misc tax deductions 0 0 CS -2413 Qual bus income ded 0 0 SS % of saving over guideline 0% 0% 0 Required union dues 0 0 Total Total taxes 1575 1575 -2413 Mandatory retirement 0 711 Dep. exemption value 0 0 Hardship deduction 0 * 0 * Saving 0 # withholding allowances 0 0 Other GDL deductions 0 0 Releases 0 Net wage paycheck 6172 6172 Child care expenses 0 0
Father pays Guideline CS, Proposed CS
FC 4055 checking: ON Per Child Information Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 1 - 99 0 0 0 Father 2413 Father 2413 Father
2 - 98 0 0 0 Father 461 Father 461 Father 2 - 98 0 0 0 Father 718 Father 718 Father 2 - 98 0 0 0 Father 1234 Father 1234 Father
Time: 15:01:48 Superior Court of California Date: 06/16/26 County of El Dorado