Request for Order re: Change of Spousal or Partner Support, Attorney's Fees and Costs, Arrears, and a Preliminary Distribution of Community Property Funds
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 KRISTEN MCHALE,) Case Number: FDI-25-801992) 7 Petitioner) Hearing Date: June 18, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ANDREW MCHALE,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER RE: CHANGE OF SPOUSAL OR PARTNER SUPPORT, ATTORNEY'S 13 FEES AND COSTS, ARREARS, AND A PRELIMINARY DISTRIBUTION OF COMMUNITY 14 PROPERTY FUNDS 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 Kristen McHale (Wife) and Respondent Andrew McHale (Husband). 20 They share two adult children; there are no minor children subject to this proceeding. 21 2) On 9/30/25, Wife filed a Petition for Dissolution indicating the date of marriage is 10/24/99 and 22 date of separation is 9/3/25 for a marriage of 25 years and 10 months. 23 3) On 10/15/25, Husband filed a Response and Request for Dissolution indicating the date of 24 marriage is 10/24/99 and date of separation is 9/3/25 for a marriage of 25 years and 10 months. 25 4) On 12/15/25, the parties filed a Stipulation and Order, which provides the following relevant 26 provisions: 27 a.
Wife to have temporary exclusive possession of the parties’ property in Healdsburg and 28 Husband to have temporary exclusive possession of the parties’ property in San Francisco 29 (see section 1).
1 b. A $20,000 advancement of community funds to both parties (see section 3). 2 c. Husband to pay Wife $10,006 per month in temporary spousal support commencing 3 10/1/25 in accordance with an attached XSpouse report (see section 4). 4 d. Husband to pay Wife Smith/Ostler bonus support on income earned in excess of his 5 $38,480 monthly base salary (see section 5). 6 e. Credits to Husband for payments made to or on behalf of Wife (see section 6). 7 f. Reservation of jurisdiction on support retractive to 9/30/25 (see section 7). 8 g.
Appointment of a joint neutral forensic expert, Natalie McFarlin, CPA (see section 13). 9 5) On 2/20/26, Wife filed a Request for Order seeking modification of temporary spousal support to 10 guideline, enforcement of payment of spousal support arrears, $50,000 in Family Code section 11 2030 attorney’s fees and costs, and an advancement of community property funds. 12 6) On 2/20/26, Wife file an attorney declaration substantiating her request for $50,000 in Family 13 Code section 2030 attorney’s fees. 14 7) On 2/20/26, Wife filed an Income and Expense Declaration. 15 8) On 4/2/26, the Court entered an earnings assignment order for $10,006 in monthly spousal 16 support. 17 9) On 4/17/26, Husband filed a Request for Hearing Regarding Earnings Assignment. 18 10) On 6/3/26, Wife filed a Responsive Declaration in opposition to Husband’s Request for Hearing 19 Regarding Earnings Assignment. 20 11) On 6/4/26, Husband filed a Responsive Declaration in opposition to Wife’s Request for Order 21 filed 2/20/26.
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Husband requests the Court permit the sale of the parties’ property in Healdsburg, 22 where Wife resides, under Family Code section 2032(d). 23 12) On 6/4/26, Husband filed an Income and Expense Declaration. 24 13) On 6/4/26, Husband filed Declaration of Dima Brodskiy. 25 14) On 6/10/26, Husband filed a Reply Declaration regarding his Request for Hearing Regarding 26 Earnings Assignment. 27 15) On 6/11/26. Wife filed a Reply Declaration regarding her 2/20/26 Request for Order. Wife 28 opposes the sale of the property in Healdsburg until the parties have a complete report form their 29 joint expert, Natalie McFarlin, CPA.
1 16) On 6/15/26, Husband filed a vocational evaluation for Wife. 2 B. Findings and Order 3 1) A spousal support modification may be granted only upon a showing of material change in 4 circumstances. See Marriage of West (2007) 152 CA4th 240, 246. 5 2) A material change in circumstances is required even if the current order was established by 6 stipulation. See Marriage of McCann (1996) 41 CA4th 978, 982. 7 3) Here, the parties stipulated to a temporary spousal support order wherein Husband is ordered to 8 pay Wife $10,006 per month effective 10/1/25.
See Stipulation and Order file dated 12/5/25. 9 4) The Court finds Wife did not sufficiently establish a material change in circumstances warranting 10 modification of this Stipulation and Order as it is undisputed that Husband’s monthly income 11 remains the same. 12 5) The Court declines to impute any income to Wife at this time; therefore, Husband’s request for 13 imputation of income to Wife is DENIED without prejudice. 14 6) The Court will not amend the earnings assignment order; however, the Court confirms that 15 Husband is under no obligation to pay the mortgage or carrying costs on the Healdsburg property. 16 7) The Court reserves jurisdiction over Wife’s requests for unpaid arrears and Smith/Ostler bonus 17 support.
The Court has insufficient information to calculate what is owed in part because the 18 parties agreed to meet and confer regarding credits to Husband for payments made to or on behalf 19 of Wife. The parties are encouraged to continue to meet and confer regarding this issue. 20 8) Wife’s request for an additional advancement of community property funds is DENIED. 21 9) Wife’s request for Family Code section 2030 attorney’s fees is GRANTED in the amount of 22 $25,000 subject to reallocation. The Court finds a disparity in income and ability to pay for legal 23 representation between the parties.
The Court further finds that Husband is reasonably likely to 24 have the ability to pay for legal representation for both parties and $25,000 in attorney's fees and 25 costs are reasonable and necessary. Husband shall pay half this balance by 7/18/26 and half this 26 balance by 8/16/26. 27 10) Husband’s request to compel the sale of the Healdsburg property is DENIED without prejudice. 28 11) The Court encourages the parties to meet and confer to attempt to reach a global settlement. Once 29 the report from joint neutral forensic expert, Natalie McFarlin, CPA is completed, either party
1 may file an At-Issue Memorandum for a Status Conference at which time they can request a 2 Judicial Settlement Conference for the purpose of resolving all financial issues. 3 12) Counsel for Wife shall prepare the Findings and Order After Hearing. 4 13) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 5 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 6 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 7 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 8 proposed order after hearing directly to the court. Failure to submit the order after hearing within 9 10 days may allow the other party to prepare a proposed order and submit it to the court in 10 accordance with CA Rules of Court, Rule 5.125(d). 11
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