Request for Order (RFO) seeking modification of support orders, and an order for the sale of the marital residence
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 July 9, 2026 8:30 a.m./1:30 p.m.
1. MARK BARRY V. JENNIFER BARRY 25FL0627
On March 18, 2026, Petitioner filed a Request for Order (RFO) seeking modification of support orders, and an order for the sale of the marital residence. He asked the court to temporarily set support to $0 due to his inability to work. The matter came before the court for hearing on April 9, 2026 at which time the court ruled on the request to sell the marital residence and granted the request to set support to $0. A review hearing was set for the present date and the court reserved jurisdiction to retroactively modify support back to April 15, 2026.
On June 29, 2026, Petitioner filed and served an updated Income and Expense Declaration.
On June 30, 2026, the Department of Child Support Services (DCSS) filed a Substitution of Payee form.
Respondent has not filed an updated Income and Expense Declaration. “For all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration.” Cal. Rule Ct. 5.260(1); See also Cal. Fam. Code §2100. “’Current’ means the form has been completed within the past three months providing no facts have changed.” Cal. Rule Ct. 5.260(3).
Because DCSS is providing child support enforcement services in this matter, the issue of child support is continued to August 24th at 8:30 a.m. in Department 10 to be heard by the child support commissioner in accordance with Family Code § 4251. Respondent is ordered to file a completed Income and Expense Declaration with supporting documents no later than 10 days prior to the hearing date.
TENTATIVE RULING #1: BECAUSE DCSS IS PROVIDING CHILD SUPPORT ENFORCEMENT SERVICES IN THIS MATTER, THE ISSUE OF CHILD SUPPORT IS CONTINUED TO AUGUST 24TH AT 8:30 A.M. IN DEPARTMENT 10 TO BE HEARD BY THE CHILD SUPPORT COMMISSIONER IN ACCORDANCE WITH FAMILY CODE § 4251
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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
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 July 9, 2026 8:30 a.m./1:30 p.m.
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.