OTHER REVIEW HEARING
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 AMANDA LORRAINE FULFORD,) Case Number: FDI-22-797070) 7 Petitioner) Hearing Date: July 16, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 DAVID ERNESTO SALGUERO,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 OTHER REVIEW HEARING 13 TENTATIVE RULING 14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 15 Court makes the following findings and orders: 16 A. Procedural History 17 1) The parties in this matter are Petitioner Amanda Fulford (Mother) and Respondent David 18 Salguero (Father).
The parties married on 5/4/2020 and they agree their date of separation is 19 9/30/2022, for a marriage of 2 years and 5 months. The parties have one minor child, Gabriel 20 (DOB: 11/30/2020, age 5). Both parties are currently self-represented. 21 2) On 11/20/2025, following a three-afternoon trial in September 2025, Judge Costin issued a Final 22 Statement of Decision. Among other orders made, the Final Statement of Decision includes a 23 denial of Mother’s request to renew the one-year Domestic Violence Restraining Order issued on 24 10/8/2024.
The Final Statement of Decision also requires Father to pay Mother $1,039 in 25 guideline monthly child support effective 1/1/2026. The child support calculation is based on 26 Father’s having a 50% timeshare, Father’s average monthly income of $14,533, and Mother’s 27 average monthly income of $2,001. The Statement of Decision further requires Father to pay 28 Mother $3,000 per month between October 2025 through June 2028 to satisfy a total balance of 29 $63,078.69 owed for child support arrears, attorney’s fees, and an equalization payment.
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1 Court notes that the fee award stated in the Statement of Decision was not a new fee award; it was 2 a finding that Father still owed $72,295.40 for a fee award made on 1/14/2025. 3 3) On 1/20/2026, Father filed an appeal of Judge Costin’s 11/20/2025 Final Statement of Decision. 4 Father’s appeal currently remains pending. 5 4) At the prior 3/10/2026 hearing (per the Findings and Order After Hearing filed 4/1/2026), the 6 Court adjudicated Father’s Request for Order filed 12/10/2025 wherein Father states he was 7 involuntarily laid off on 11/3/2025 and he has no income, savings, or access to credit.
The Court 8 set child support to $0 effective 12/10/2025, after finding that both parties earn minimal income 9 and cannot afford to pay any amount to the other party. The Court also suspended pending further 10 Court order the requirement that Father pay $3,000 per month towards amounts owed to Mother 11 for child support arrears, attorney’s fees, and an equalization payment. The Court further ordered 12 Father to seek work effective immediately. A review hearing was set for July 2026. 13 5) The Court notes that the Tentative Ruling that was issued prior to the 3/10/2026 hearing date 14 (which was adopted as an order of the Court without objection by either party) contained a future 15 review hearing date of 7/26/2026.
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However, the date that was actually calendared was 7/16/2026. 16 In the parties most recently filed declarations, both parties cite a review hearing date of 17 7/16/2026, so it appears both parties understand that the review hearing is set for 7/16/2026. 18 6) On 7/6/2026, Mother filed an Income and Expense Declaration wherein she states she began a 19 position as a Camp Recreation Specialist on 4/18/2026. Mother states she works 40 hours per 20 week and earns $30 per hour. 21 7) Attached to Mother’s 7/6/2026 Income and Expense Declaration is a declaration by Mother 22 wherein she requests that the Court reinstate child support at an appropriate amount consistent 23 with the evidence before the Court.
Mother states that although she is currently employed, she 24 struggles to meet her financial obligations. Mother states she has had to repeatedly borrow money 25 from family members. 26 8) On 7/13/2026, Father filed an Income and Expense Declaration (showing $0 in income) as well as 27 a Declaration and Memorandum of Points and Authorities wherein Father asks the Court to 28 maintain the current orders and decline to impute income to Father. Father states that since 29 3/10/2026, Mother has become employed full-time, working 40 hours per week, and she also
1 graduated and earned her bachelor’s degree. Father states, “Since March 10, 2026, I have applied 2 to over 101 roles and interviewed for multiple opportunities. I have been subjected to intensive 3 take-home test assignments, timed live ‘coding challenges’ and multiple interview rounds. I have 4 advanced in the interview process. I have obtained second and third rounds, completed a 5 substantial take-home test, and advanced through executive interviews... I am in consideration 6 for multiple opportunities.
However, I have not yet received an offer of employment. In 7 compliance with court seek-job order, I have dutifully devoted at least 25 hours a week on my job 8 search. I also timely served upon Petitioner every month my job search log...I have performed 9 these efforts while responsibly fulfilling my 50% physical custody role as a father... As delineated 10 in my March 6, 2026 filing, starting in December 2025, I received $450 per week in 11 unemployment benefits. Those benefits ended the week of 5/31/26 and totaled $11,700 gross.
I 12 also received a one-time net severance payment of $10,476.23 from my previous employer in 13 February 2026. These funds were used for rent, food, transportation, and Gabriel's needs. My rent 14 is $2,400 per month. The rent alone exceeded my monthly unemployment benefit ($1,950). 15 Family members and friends have provided me with occasional one-off emergency loan 16 assistance for rent and food. Those loans are not recurring or sustainable. My updated July 2026 17 FL-150 documents more than $258,804.69 in debt liabilities, no meaningful savings, and no 18 available revolving credit...
Without substantial evidence of both ability and opportunity, earning 19 capacity is absent and imputation is legally improper. Petitioner identifies no available position, 20 no employer willing to hire Father, no vocational evaluation, no labor-market survey, and no 21 evidence of prevailing compensation for an available position matching Father’s current 22 qualifications. Petitioner instead relies exclusively upon Father’s former $14,533 monthly salary 23 that ended involuntarily on November 3, 2025.
Historical earnings may demonstrate work 24 experience; they do not establish a present opportunity at the same income.” 25 B. Findings and Order 26 1) The Court does not find good cause to impute income to Father at this time. 27 2) The Court will maintain the current orders. 28 3) Child support shall remain set at $0. 29
1 4) The requirement that Father pay $3,000 per month towards amounts owed to Mother for child 2 support arrears, attorney’s fees, and an equalization payment continues to be suspended pending 3 further order of the Court. 4 5) The seek work order for Father remains in full force and effect. 5 6) A review hearing is set for Thursday, 10/15/2026 at 9:00 AM in Dept. 404. 6 7) At least 20 calendar days prior to the next hearing date, Father shall file and serve an Income and 7 Expense Declaration and a declaration (not to exceed 5 pages in length, not including exhibits) 8 explaining his job search efforts, how he has been meeting his monthly expenses to date, and 9 whether he should be imputed with income. 10 8) At least 10 calendar days prior to the next hearing date, Mother shall file and serve an Income and 11 Expense Declaration and a declaration (not to exceed 5 pages in length, not including exhibits) 12 explaining what orders related to child support she would like the Court to make, how she has 13 been meeting her monthly expenses to date, and whether the Court should impute Father with 14 income and, if so, what amount and why. 15 9) The Court will prepare the Findings and Order After Hearing. 16
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