Review of custody and visitation; child support issue(s)
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 CLAY MONTGOMERY,) Case Number: FDI-24-799969) 7 Petitioner) Hearing Date: July 23, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 CAITLIN MONTGOMERY,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REVIEW OF CUSTODY AND VISITATION; CHILD SUPPORT ISSUE(S) 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
17 I. Custody and Visitation 18
19 1) The custody and parenting time hearing is continued to 7/30/2026 at 9AM in Department 404 20 due to the Child Protective Services investigation. The parties shall check the Court's tentative 21 ruling at 2PM on 7/29/2026. 22
23 II. Child Support 24
25 A. Procedural History 26 1) On 4/29/2025, Father filed a Request for Order seeking, among other orders requested, a 27 guideline child support order. 28 2) On 4/15/2025, Father filed an Income and Expense Declaration stating he earns an average 29 monthly salary of $3,517, receives $167 in monthly pension/retirement funds, receives $465 per 1 month in military allowance, pays $30 in monthly health insurance premiums, has $19,773 in 2 cash assets, pays $1,487 in average monthly expenses, and pays $382 in additional childcare 3 expenses for work. 4 3) On 6/10/2025, Mother filed a Responsive Declaration agreeing to pay guideline child support. 5 Mother states she began working in February and, beginning in April, she began sending 6 “monthly payments,” toys, books, and clothes for Sophia. 7 4) At the prior 7/22/2025 hearing (per the Findings and Order After Hearing filed 7/31/2025), the 8 Court found it did not have sufficient information to adjudicate child support as Mother has not 9 filed an Income and Expense Declaration and neither party had filed Statements of Support 10 Calculation and continued the hearing to 9/4/2025. 11 5) At the prior 9/4/2025 hearing (per the Findings and Order After Hearing filed 9/16/2025), the 12 Court set a review hearing on 1/13/2026 and ordered the parties to file and serve update 13 declarations including information on their location, job status, and housing situation as well as 14 updated Income and Expense Declarations. 15 6) On 12/8/2025, Mother filed an Income and Expense Declaration stating she was unemployed due 16 to “corporate layoffs.”
On 12/18/2025, Father filed an Income and Expense Declaration stating 17 that his prior employment ended on 8/3/2025 due to “end of contract.” 18 7) On 6/2/2026, Mother filed an Income and Expense Declaration stating that she began working as 19 a shop associate for Bar Antz LLC in September 2025. Mother states that she works 16 hours per 20 week and earns $20 per hour, which averages approximately $1,400 per month. Mother also 21 states that she pays $1,200 per month in expenses. 22 8) On 6/12/2026, Father filed an Income and Expense Declaration stating that he continues to be 23 unemployed and does not earn any income.
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Father states that he has $800 per month in expenses 24 which are paid by others (his parents). Father attached a declaration to his Income and Expense 25 Declaration which states, “Respondent previously earned at a level of $111,000 annually during 26 her employment in the cybersecurity field... from April-August 2025.” Father also notes that 27 Mother’s prior Income and Expense Declaration disclosed $3,000 in cash savings while her June 28 2026 Income and Expense Declaration disclosed $30,000 in cash savings.
Father writes that these 29 1 discrepancies raise legitimate questions regarding the accuracy and completeness of Mother’s 2 disclosures. 3 9) The Court has also been informed that both parties are currently students at universities and are 4 hoping to obtain additional education and degrees to obtain higher earning potential. 5 B. Findings and Order 6 1) According to the XSpouse calculation attached hereto and incorporated herein, the Court finds 7 that guideline child support would amount to $229 per month, payable by Mother to Father. 8 However, if the Court were to make that order, Mother would only have $1,040 in net spendable 9 income, which would not be sufficient for Mother to live on.
In light of this, and the fact that 10 Father is currently fully financially supported by his parents, the Court finds good cause to set 11 child support at $0. 12 2) Neither party has offered evidence regarding the other party’s current ability or opportunity to 13 earn income and so the Court will not impute income to either party at this time. 14
15 III. Preparation of Order 16
17 1) The Court will prepare the Findings and Order After Hearing. 18
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montgomery v. montgomery xspouse.xsp Xspouse 2026-1-CA
Fixed Shares Father Mother Monthly figures Cash Flow #of children 1 0 2026 Guideline Proposed % time with NCP 0.00 % 0.00 % Comb. net spendable 1269 1416 Filing status HH/MLA <-MFS GUIDELINE Percent change 0% 12% # exemptions 2 * 1 * Nets(adjusted) Father Wages+salary 0 1400 Father 0 Payment cost/benefit 229 258 Self-employed income 0 0 Mother 1269 Net spendable income 229 258 Other taxable income 0 0 Total 1269 Change from guideline 0 29 TANF+CS received 0 0 Support Other nontaxble income 0 0 Addons % of combined spendable 18% 18% 0 New spouse income 0 0 Guideln CS % of saving over guideline 0% 20% 229 401(k) employee contrib 0 0 Total taxes 0 0 S.Clara SS 0 Adjustments to income 0 0 Dep. exemption value 0 0 Total 229 SS paid prev marriage 0 0 # withholding allowances 0 0 CS range: 99-229 CS paid prev marriage 0 0 Settings changed Net wage paycheck 0 0 Health insurance 0 0 Mother Other medical expense 0 0 Payment cost/benefit -229 -110 Property tax expense 0 0 Net spendable income 1040 1158 Ded interest expense 0 0 Proposed Change from guideline 0 118 Charitable contributions 0 0 Tactic 9 % of combined spendable 82% 82% Misc tax deductions 0 0 CS 258 Qual bus income ded 0 0 SS % of saving over guideline 0% 80% 0 Required union dues 0 0 Total Total taxes 131 -16 258 Mandatory retirement 0 0 Dep. exemption value 0 0 Hardship deduction 0 * 0 * Saving 148 # withholding allowances 0 0 Other GDL deductions 0 0 Releases 1 Net wage paycheck 1197 1197 Child care expenses 0 0 Released to Mother
Mother pays Guideline CS, Proposed CS
FC 4055 checking: ON Per Child Information Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 100 - 0 0 0 0 Father 229 Mother 229 Mother
100 - 0 0 0 0 Father 229 Mother 229 Mother
Time: 15:51:27 Superior Court of California Date: 07/21/26 County of San Francisco