| Case | County / Judge | Motion | Ruling | Date |
|---|
Request for child support, spousal support, and bifurcation
LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 9, 2026 8:30 a.m./1:30 p.m.
10. JANELL PALMER V. RAFE PALMER 24FL1174
On January 23, 2026, Petitioner filed a Request for Order (RFO) seeking child support, spousal support, and dissolution of marriage orders. She did not file an Income and Expense Declaration as required. The RFO and Notice of Tentative Ruling were served on January 23rd, however she did not serve an Income and Expense Declaration or a blank FL- 320.
On March 25th, Respondent filed his Responsive Declaration to Request for Order and his Income and Expense Declaration. Both were served on March 26th.
“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. The party requesting support shall file and serve their Income and Expense Declaration with the initial moving papers. El Dorado Sup. Ct. Rule 8.03.01.
Here, Petitioner is the moving party, however she has not filed a current Income and Expense Declaration. As such, the requests for spousal and child support are denied due to failure to file the proper documentation.
Regarding the request for bifurcation, a party may request bifurcation of the issue of marital status, however prior to doing so the party must ensure that “[a]ll pension plans that have not been divided by court order that require joinder ...” have been joined. Cal. Rule Ct. 5.390(d)(1). A party seeking bifurcation is to submit a completed FL-315. Cal. Rule Ct. 5.390(a).
Petitioner did file the requisite FL-315 however, it is unclear if there are any pension or retirement plans that require joinder. The parties are ordered to appear for the hearing on this issue.
TENTATIVE RULING #10: THE PARTIES ARE ORDERED TO APPEAR FOR THE HEARING ON THE ISSUE OF BIFURCATION AND TERMINATION OF MARITAL STATUS.
THE REQUESTS FOR SPOUSAL AND CHILD SUPPORT ARE DENIED DUE TO THE FAILURE TO FILE THE PROPER DOCUMENTATION.
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
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LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 April 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.