Father's Requests for Need-Based Attorney's Fees; Parties' Requests Related to Financial Disclosures; Request for Bifurcation of Marital Status
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 RANDY C. ALMONTE MEDINA,) Case Number: FDI-24-800741) 7 Petitioner) Hearing Date: June 25, 2026) 8 VS.) Hearing Time: 1:30 PM) 9 GERALDINE AYERDIS,) Department: 414) 10 Respondent) Presiding: MUJDAH RAHIM) 11) 12 FATHER'S REQUESTS FOR NEED-BASED ATTORNEY'S FEES AND THE PARTIES' REQUESTS 13 RELATED TO FINANCIAL DISCLOSURES - ADDED TO CALENDAR FOLLOWING 4/23/26 14 HEARING IN DEPT. 404; REQUEST FOR BIFURCATION OF MARITAL STATUS 15 TENTATIVE RULING 16 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 17 Court makes the following findings and orders: 18 A. Procedural History 19 1) The parties are Petitioner Randy C. Almonte Medina (Husband) and Respondent Geraldine
20 Ayerdis (Wife). 21 2) There are two matters on for hearing on June 25, 2026: (a) Husband’s March 2, 2026 Request for
22 Order as set forth below; and (b) Husband’s request to bifurcate and terminate marital status, 23 which the Court continued at the prior May 7, 2026 hearing (see Findings and Order After 24 Hearing filed May 8, 2026). 25 3) On March 2, 2026, Husband filed a Request for Order. All issues raised in the motion have been
26 adjudicated except for Husband’s request for attorney’s fees and costs. Husband requests that 27 Wife contribute to his attorney’s fees based on a disparity of income and financial circumstances. 28 He seeks an award of $7,660 in attorney’s fees and costs. In support of his request, Husband 29
1 attached a receipt from the Law Offices of Ali Yousefi, P.C., showing a payment of $7,500 made 2 on June 19, 2025. The total attorney’s fees and costs incurred are $7,600. 3 4) Wife filed a Responsive Declaration on January 13, 2026. In her response, Wife requests that the
4 Court postpone any decisions regarding property division, assets, and attorney’s fees and instead 5 order mediation. Wife contends that Husband has failed to provide documentation supporting the 6 attorney’s fees and costs he claims to have incurred. She also alleges that Husband owns rental 7 property in the Dominican Republic that is not titled in his name, but from which receives rental 8 income. 9 5) On June 16, 2026, under docket FCS-24-357088, an Order After Hearing was filed. Effective
10 June 1, 2026, guideline child support is $1,499 per month (base child support of $1,079 and 11 childcare add-on of $420), payable by Husband. The Court also ordered temporary spousal 12 support of $227 per month, payable by Wife. After offsetting the support obligations, Husband 13 was ordered to pay net child support of $1, 272 per month, effective June 1, 2026. At the hearing, 14 no evidence was presented establishing that Husband received rental income. Accordingly, no 15 rental income was included in the support calculation. 16 6) A review of the X-Spouse calculation shows Husband has net spendable income of $5,111 per
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17 month, while Wife has net spendable income of $10,389 per month. Wife has deductions of 18 $1,327 per month. 19 7) Husband filed an Income and Expense Declaration on May 11, 2026, reporting monthly expenses
20 of $7,539 per month and $2,438.89 for amount of expenses paid by others. The declaration 21 indicates Husband resides with his partner and her three children. Husband also reported 22 $2,323.93 in checking and savings. 23 8) Wife filed her Income and Expense Declaration on June 5, 2026, reporting monthly expenses of
24 $9,071.59. However, the expenses appear to be based on annual figures rather than monthly 25 amounts. For example, her property tax is listed as $6,652.16 annually, with a monthly equivalent 26 of approximately $554 per month. Using corrected monthly figures, Wife’s expenses total 27 approximately $8,631 per month. With reported $3,000 in checking and savings accounts. The 28 value of her retirement account is unknown; however, she is currently contributing to $1,327 per 29 month.
1 B. Findings and Order 2 1) Bifurcation and Termination of Marital Status: Public policy favors bifurcation and termination of
3 marital status. 4 2) The Court finds that Husband’s request for bifurcation of trial and termination of marital status is
5 unopposed. 6 3) Based on the pleadings filed with the Court and signed under penalty of perjury, the Court further
7 finds that: 8 a. Husband filed a Petition for Dissolution on 12/27/2024. 9 b. Under Family Code Section 2339(a), the Court first acquired jurisdiction over Wife when 10 Wife was served with Husband’s Petition and Summons on January 8, 2025. 11 c. Wife filed a Response and Request for Dissolution on February 7, 2025. 12 d. Within the Petition and Response, both parties indicated that they were residents of 13 California for at least six months and of San Francisco County for at least three months 14 immediately preceding the filing of the Petition. 15 e.
Within the Petition and Response, both parties request a divorce based on irreconcilable 16 differences. 17 f. On 12/26/2026, Husband filed a Proof of Services of Summons reflecting Wife was 18 personally served with a completed and blank Schedule of Assets and Debts (FL-142) 19 and Completed and blank Income and Expense Declaration (FL-150) on 12/25/2025. 20 g. On June 2, 2026, Husband filed a Final Declaration Regarding Service of Declaration of 21 Disclosure and Income and Expense Declaration. 22 h.
Attached to a declaration filed June 11, 2026, Husband filed Request for Separate Trial 23 (FL-315). 24 4) Accordingly, Husband’s unopposed request to bifurcate and terminate the parties’ marital status
25 is GRANTED. Each party is restored to their previous single status as of 6/25/2026. The Court 26 finds that this termination date meets the requirement set forth in Family Code Section 2339(a). 27 5) As set forth in the attached Bifurcation of Status of Marriage (FL-347), the protection of Family
28 Code Section 2337(c)(1)-(6) shall apply. 29
1 6) The parties are reminded that despite the termination of their marital status the Standard Family
2 Law Restraining Orders set forth in the Summons continue to apply to both parties per Family 3 Code Section 233(a). 4 7) The Court’s jurisdiction to adjudicate all remaining issues in this dissolution matter is reserved.
5 8) Attorney’s Fees and Costs: The Court finds an award of attorney’s fees and costs is appropriate
6 here because there is a demonstrated disparity between the parties in access to funds to maintain 7 counsel and in the ability to pay for legal representation. 8 9) The Court further finds that Wife is reasonably likely to have the ability to pay for legal
9 representation for both parties and $5,000 in fees and costs are reasonably necessary. 10 10) Wife shall pay Husband $500 on the 1st of the month and $500 on the 15th of each month,
11 beginning July 1, 2026, until the total amount of $5,000 is paid in full. 12 11) The Court reserves jurisdiction over allocation and characterization of this fee award.
13 12) The Court will prepare the Findings and Order After Hearing and Status Only Judgment with
14 form FL-347 mirroring the terms of the FL-347 attached hereto. These documents will be mailed 15 to each party. 16
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