MAGNOLLY BAUTISTA v. FRANKLIN MICHAEL TAMAYO ALVAREZ

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 MAGNOLLY BAUTISTA,) Case Number: FDV-25-818754) 7 Petitioner) Hearing Date: July 9, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 FRANKLIN MICHAEL TAMAYO ALVAREZ,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 RESTITUTIONS RELATED TO DVRO 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 are Petitioner Magnolly Bautista (Mother) and Respondent Franklin Michael Tamayo 18 Alvarez (Father).

They share one minor child: Thiago Tamaya Bautista (DOB: 4/12/15). 19 2) On 11/7/25, Mother filed a Request for Domestic Violence Restraining Order (DVRO) seeking 20 protection from Father wherein she requested the following restitution (i.e., expenses caused by 21 the abuse): (a) $60 in medical co-pay paid to Kaiser; (b) $500 in temporary necessities; and (c) an 22 amount to be determined in Lyft expenses. Mother also checked the box for child support in her 23 DVRO request. 24 3) On 12/31/25, the Court granted a Restraining Order After Hearing for a period of one-year 25 wherein Mother is the protected party and Father is the restrained party.

The minor child is not 26 listed as a protected party; however, the Court issued custody and visitation orders. The matter 27 was continued to 3/19/26 at 9 AM in Dept. 403 for the Court to adjudicate the financial issues. 28 4) On 3/17/26, Mother filed an update declaration asserting that she and the minor child fled their 29 home on 10/20/25 without the car or any belongings. Mother states she was forced to use Lyft

1 and purchase necessities as a result. Mother lists the following total expenses she incurred: (a) 2 $462.68 for Lyft; (b) $312.12 at Ross for clothing and toys; and (c) 41.01 at Whole Foods for 3 food. Mother states that when she returned to the family’s apartment to pick up her own and the 4 minor child’s belongings all her valuables (such as brand name wallets and watches) were gone. 5 5) On 3/19/26, the matter was continued to 3/26/26 on the Court’s own motion. 6 6) On 3/26/26, the matter was continued to 5/26/26 on the Court’s own motion because a Spanish 7 interpreter was not available to assist with the hearing. 8 7) On 5/19/26, the matter was continued to 7/9/26 on the Court’s own motion. 9 8) On 5/21/26, Mother filed Petitioner’s Declaration in Support of Child Support, which includes a 10 proposed XSpouse calculation based on Father’s asserted earning capacity (full-time San 11 Francisco minimum wage) given that Father failed to file an Income and Expense Declaration and 12 Mother knows that Father works as an Amazon driver. 13 B.

Findings and Order 14 1) Family Code section 6200 codifies the Domestic Violence Prevention Act (DVPA), which seeks 15 to remedy domestic violence and provide separation to ensure the safety of the parties. 16 2) Under the DVPA, the Court can issue orders providing victims of domestic violence relief from 17 their financial obligations to prevent inability to separate or return to abuse out of economic 18 necessity (i.e., a lack of financial resources). (See section 6342; see also In re Marriage of J.Q. & 19 T.B. (2014) 223 Cal.App.4th 687, 702.) 20 3) Restitution under the DVPA is a statutory remedy only available to victims of domestic violence. 21 (Family Code section 6342(a).) 22 4) Here, the Court made a finding that Mother is a victim of domestic violence.

See Restraining 23 Order After Hearing filed 12/31/25. 24 5) Mother asserts that she incurred a total of $815.81 in expenses from fleeing the abuse because she 25 was forced to leave without the car or any belongings ($462.68 for Lyft + $312.12 at Ross for 26 clothing and toys + 41.01 at Whole Foods for food). 27 6) Accordingly, Mother’s unopposed request for restitution in the amount of $815.81 is GRANTED. 28 Father shall pay this balance in full by 8/9/26. 29

1 7) The Court finds good cause to continue Mother’s request for child support as neither party filed 2 form FL-150 (Income and Expense Declaration). 3 8) Mother’s request for child support is therefore continued to 8/19/26 at 9 AM in Dept. 403. At 4 least 10 days in advance of the hearing, both parties shall file and serve form FL-150 (Income and 5 Expense Declaration). 6 9) However, the Court further finds good cause to adopt Mother’s proposed XSpouse calculation 7 attached to her 5/21/26 declaration in the interim, which imputes Father’s with full-time San 8 Francisco minimum wage income (i.e., $3,399 monthly) and is based on Mother earning $3,024 9 in monthly income and paying $68 in monthly union dues.

Mother asserts, under penalty of 10 perjury, that Father works as an Amazon driver. Mother’s proposed XSpouse calculation is 11 attached hereto and incorporated herein for convenience. 12 10) The Court finds imputation of full-time San Francisco minimum wage income to Father is 13 consistent with the best interests of the children, taking into consideration the overall welfare and 14 developmental needs of the child, and the time that parent spends with the child. 15 11) As such, effective 7/1/26, and on a temporary basis, Father owes Mother $674 per month in child 16 support by the 1st of every month.

Father shall pay Mother support for July 2026 by 7/16/26. 17 12) The Court reserves jurisdiction over recalculation of this child support award retroactive to 18 11/7/25 (i.e., the filing date of her Mother’s Request for DVRO). The Court also reserves 19 jurisdiction over any child support arrears Father may owe to Mother retroactive to 11/7/25. 20 13) Counsel for Mother shall prepare Findings and Order After Hearing, which shall include as an 21 attachment form FL-342. 22 14) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 23 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 24 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 25 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 26 proposed order after hearing directly to the court.

Failure to submit the order after hearing within 27 10 days may allow the other party to prepare a proposed order and submit it to the court in 28 accordance with CA Rules of Court, Rule 5.125(d). 29

5/15/26, 2:32 PM GuidelineSummary.html magnolly bautista.xsp Xspouse 2025-2-CA

2026 Guideline Summary Monthly Figures Fixed Shares Father Mother Monthly Figures Cash Flow Number of children oO. 1 2026 Combined net spendable 5809 Percent time with NCP 4.16% 0.00% Filing status SINGLE HH/MLA Father Number of exemptions {2 Nets (adjusted) Payment cost/benefit -674 Wages and salary 3399 3024 Father 2828 Net spendable income 2164 Self employed income Mother 2981 Federal income tax 226 2S

So Other taxable income ooooococooccococ Total 5809 Federal employment tax 260

a Support State income tax 44 ce

TANF CS received wmoocoocoooocoeooeCco Other nontaxable income Addons 9 State employment tax 41 c0c°1ocn”cooo

New spouse income Guideln CS -674 Total taxes 571

Employee 401-k contribution S.Clara SS 0 Federal filing status SINGLE

Adjustments to income Total 674 State filing status SINGLE SS paid prev marriage Mother CS paid prev marriage coco

Payment cost/benefit 674 Health insurance Net spendable income 3654 ee

Other medical expenses Federal income tax -293 Property tax expenses Federal employment tax 231 Ded interest expense State income tax 0 Contribution deduction State employment tax 36 Misc tax deductions Total taxes -25 Qualified business income deduction Federal filing status HHIMLA Required union dues State filing status HH/MLA a

Mandatory retirement oc.

Hardship deduction OMToor

Other GDL deductions Child care expenses

FC 4055 checking: ON Per Child Information DOB Timeshare cce(F) cce(V¥) Addons Payor Basic CS Payor Pres CS Payor All children 4-96 0 0 0 Father 674 Father 674 Father 0000-00-00 4-96 0 0 0 Father 674 Father 674 Father

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