Request for Order for visitation and child support
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 May 21, 2026 8:30 AM/1:30 PM
14. RACHEL GESSNER V. MATTHEW GESSNER 25FL1097
Petitioner filed a Request for Order (RFO) on February 23, 2026, requesting visitation as well as child support orders. Petitioner concurrently filed an Income and Expense Declaration. The parties were referred to Child Custody Recommending Counseling (CCRC) for an appointment on April 30, 2026, and a review hearing on May 21st. Proof of Service shows Respondent was personally served with all the required documents on April 8, 2026.
Both parties appeared at CCRC on April 30th and reached a full agreement. A report with a copy of the parties agreements was filed with the court on May 8, 2026. Copies were mailed to the parties the same day.
Respondent filed a Responsive Declaration on May 8, 2026. It was served on Petitioner electronically on May 8, 2026. Respondent requests the same orders parties agreed to in CCRC. Additionally, Respondent has proposed a holiday schedule. Respondent also requests Petitioner be imputed with income for 40 hours per week, rather than the 32 hours she is currently working. Respondent requests the court credit any arrears with the minors’ private school tuition he currently pays at a rate of $2,105 per month.
The court has read and considered the filings as outlined above. The court finds the agreements of the parties as set forth in the May 8th CCRC report to be in the best interest of the minors. The court adopts the agreements with the following additions; the court adopts the holiday scheduled as set forth in Respondent’s declaration.
As to child support, the court denies Respondent’s request to impute Petitioner with income at 40 hours per week. Respondent has not established that Petitioner has the ability or opportunity to work the additional eight hours. Therefore, the court will utilize Petitioner’s income at $65 per hour for 32 hours per week.
Utilizing the figures as set forth in the parties’ Income and Expense Declarations, the court finds guideline child support to be $2,253 payable from Respondent to Petitioner (see attached X-Spouse). The court orders Respondent to pay Petitioner $2,253 as and for guideline child support effective March 1, 2026, with future payments on the first of each month until further order of the court or termination by operation of law.
The court finds this order results in an arrears balance of $6,759 for the months of March through May inclusive. The court deducts the amount of school tuition from the
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LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 May 21, 2026 8:30 AM/1:30 PM
arrears leaving a total arrears balance of $444. Respondent is ordered to pay Petitioner $444 as and for arrears on or before June 15, 2026.
The court further finds Respondent routinely earns overtime. The court is directing counsel for Respondent to prepare an overtime table based on the court’s calculations. Respondent is to true up any overtime earned on a monthly basis, with payment due on the 15th of each month. Respondent is directed to provide Petitioner with his paystubs by no later than the 10th of each month.
In addition to the foregoing monthly support payments, the parties are ordered to equally share in any uninsured medical care costs for the children, childcare costs when such costs are incurred as a result of employment or necessary education for employment, and agreed upon extracurricular activities. The parties are ordered to follow the procedures as set forth in the attached FL-192.
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 #14: THE COURT FINDS THE AGREEMENTS OF THE PARTIES AS SET FORTH IN THE MAY 8TH CCRC REPORT TO BE IN THE BEST INTEREST OF THE MINORS. THE COURT ADOPTS THE AGREEMENTS WITH THE FOLLOWING ADDITIONS; THE COURT ADOPTS THE HOLIDAY SCHEDULED AS SET FORTH IN RESPONDENT’S DECLARATION.
AS TO CHILD SUPPORT, THE COURT DENIES RESPONDENT’S REQUEST TO IMPUTE PETITIONER WITH INCOME AT 40 HOURS PER WEEK. RESPONDENT HAS NOT ESTABLISHED THAT PETITIONER HAS THE ABILITY OR OPPORTUNITY TO WORK THE ADDITIONAL EIGHT HOURS. THEREFORE, THE COURT WILL UTILIZE PETITIONER’S INCOME AT $65 PER HOUR FOR 32 HOURS PER WEEK.
UTILIZING THE FIGURES AS SET FORTH IN THE PARTIES’ INCOME AND EXPENSE DECLARATIONS, THE COURT FINDS GUIDELINE CHILD SUPPORT TO BE $2,253 PAYABLE FROM RESPONDENT TO PETITIONER (SEE ATTACHED X-SPOUSE). THE COURT ORDERS RESPONDENT TO PAY PETITIONER $2,253 AS AND FOR GUIDELINE CHILD SUPPORT EFFECTIVE MARCH 1, 2026, WITH FUTURE PAYMENTS ON THE FIRST OF EACH MONTH UNTIL FURTHER ORDER OF THE COURT OR TERMINATION BY OPERATION OF LAW.
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 May 21, 2026 8:30 AM/1:30 PM
THE COURT FINDS THIS ORDER RESULTS IN AN ARREARS BALANCE OF $6,759 FOR THE MONTHS OF MARCH THROUGH MAY INCLUSIVE. THE COURT DEDUCTS THE AMOUNT OF SCHOOL TUITION FROM THE ARREARS LEAVING A TOTAL ARREARS BALANCE OF $444. RESPONDENT IS ORDERED TO PAY PETITIONER $444 AS AND FOR ARREARS ON OR BEFORE JUNE 15, 2026.
THE COURT FURTHER FINDS RESPONDENT ROUTINELY EARNS OVERTIME. THE COURT IS DIRECTING COUNSEL FOR RESPONDENT TO PREPARE AN OVERTIME TABLE BASED ON THE COURT’S CALCULATIONS. RESPONDENT IS TO TRUE UP ANY OVERTIME EARNED ON A MONTHLY BASIS, WITH PAYMENT DUE ON THE 15TH OF EACH MONTH. RESPONDENT IS DIRECTED TO PROVIDE PETITIONER WITH HIS PAYSTUBS BY NO LATER THAN THE 10TH OF EACH MONTH.
IN ADDITION TO THE FOREGOING MONTHLY SUPPORT PAYMENTS, THE PARTIES ARE ORDERED TO EQUALLY SHARE IN ANY UNINSURED MEDICAL CARE COSTS FOR THE CHILDREN, CHILDCARE COSTS WHEN SUCH COSTS ARE INCURRED AS A RESULT OF EMPLOYMENT OR NECESSARY EDUCATION FOR EMPLOYMENT, AND AGREED UPON EXTRACURRICULAR ACTIVITIES. THE PARTIES ARE ORDERED TO FOLLOW THE PROCEDURES AS SET FORTH IN THE ATTACHED FL-192.
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.