REQUEST FOR ORDER FOR CHILD SUPPORT, SPOUSAL SUPPORT, AND ATTORNEYS FEES AND COSTS
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 JESSICA EASTWOOD,) Case Number: FDI-24-800093) 7 Petitioner) Hearing Date: June 30, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 KARIM VEDOL,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER FOR CHILD SUPPORT, SPOUSAL SUPPORT, AND ATTORNEYS FEES 13 AND COSTS 14 TENTATIVE RULING 15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 16 Court makes the following findings and orders: 17 A. Procedural History 18 1) Petitioner Jessica Eastwood (Mother) and Respondent Karim Vedol (Father) married on 19 5/31/2016 and separated on 7/6/2024, for a marriage of 8 years and 1 month.
The parties have one 20 minor child, Levi (DOB: 2/28/2017, age 9). Mother is represented by attorney Don Emley. Father 21 is represented by attorney Stuart Fishman. 22 2) On for hearing is Mother’s Request for Order filed 3/23/2026 wherein Mother seeks guideline 23 child support and temporary guideline spousal support retroactive to 8/6/2024 (the date Mother 24 filed her Petition for Dissolution) and $35,000 in need-based attorney’s fees and costs ($22,000 in 25 fees incurred to date and $13,000 in fees to be incurred through the conclusion of the case). 26 Mother states she would be able to find work as a teacher or school counselor if it were not for 27 her epilepsy which prevents her from working this field due to stress and memory issues.
Mother 28 states she has had two brain operations in the last year and her recovery period is expected to take 29 up to a year and a half, at which time she hopes to return to full-time work as a teacher or school
1 counselor if her medical condition has improved. Mother states Father has been paying her 2 $1,000 per month in voluntary support since January 2025. Mother states Father earns more than 3 $300,000 per year and has significant assets. 4 3) On 3/23/2026, Mother’s attorney Don Emley filed a declaration stating that Mother has incurred 5 $22,275 in fees to date for Mr. Emley to work on the case including multiple rounds of settlement 6 negotiations. Mr. Emley believes Mother will incur a total of $35,000 in this case through final 7 settlement. 8 4) On 5/8/2026, Father filed a Responsive Declaration stating he consents to a guideline child 9 support order and he has been paying Mother $2,165 per month in child support since November 10 2025.
Father also states he is willing to pay to Mother $4,133 per month in guideline spousal 11 support on a temporary basis; however, Father would also like the Court to order Mother to seek 12 work and to issue a Gavron warning against her. Father states that if Mother can maintain 50% 13 custody of Levi, she is capable of working more than she currently is. Father also states that he 14 acknowledges Mother is entitled to some need-based attorney’s fees; however, Mother never 15 responded to his November 2025 settlement letter and refuses to take any positions outside of the 16 ones she is taking in her Request for Order.
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Father requests $6,200 in Family Code section 271 17 attorney’s fees sanctions for Mother’s attorney’s failure to engage in good faith settlement 18 discussions. 19 5) On 5/12/2026, Mother filed a Reply Declaration. Mother states that Father only increased 20 voluntary support from $1,000 to $2,165 per month in April 2026, after she filed her Request for 21 Order (but before it was served). Mother attached a letter from her neurologist which states she 22 has a form of epilepsy that does not respond well to anti-seizure medication.
Mother states she 23 has been recommended to refrain from stressful work environments. Mother states “substitute 24 teaching has worked fairly well for me, but the pay is low and the availability of work is 25 inconsistent.” Mother states that if Father “doubts the limits imposed by my medical condition, I 26 welcome an Independent Medical Examination (IME) and/or a vocational assessment that 27 incorporates the findings of an IME.” Mother also states, “When my attorney first tried to discuss 28 the issue with his counterpart, my fees and costs totaled $9,973.70, and I was asking for a 29 contribution from Karim of $15,000 to finish the entire case, including that $9,973.70.
Now my
1 fees total more than $30,000. Karim says he was ready to negotiate, but he didn't do that, and 2 rather than make a proposal to settle even this RFO, he has asked the Court to deny my request 3 for fees in its entirety and order me to pay his fees as a sanction under Family Code §271. That 4 does not signal good faith negotiations ahead. Unfortunately, I believe my estimate of $35,000 in 5 fees and costs is likely to be insufficient to complete the case.” 6 6) On 5/12/2026, Mother’s attorney Don Emley filed a declaration.
Mr. Emley states he had to piece 7 together Father’s earnings from prior years because Father failed to lodge the documents required 8 under Local Rule 11.7(A)(2)(e). Mr. Emley also states, “Counsel knew that Karim's previous 9 attorney ignored my requests regarding fees for ten months, and that in October of 2025, I'd 10 written to demand an answer to the question, noting that Jessica's fees had nearly doubled since 11 I'd first raised the issue. Yet when the comprehensive proposal referred to above was sent, Karim 12 proposed that ‘each party be responsible for their own fees and costs.’” 13 7) On 5/12/2026, Mother filed a Statement of Support Calculations. 14 8) On 5/14/2026, Father filed a Reply to Wife’s May 13, 2026 Reply Declaration.
Father states that 15 five days before their upcoming hearing, Mother disclosed for the first time that her father has 16 “graciously suspended enforcement” of her rental obligations. Father asks to impute Mother with 17 the rental value of her current residence as untaxed income. 18 9) On 5/15/2026, Mother filed an Objection to Father’s Reply to Mother’s Reply and Motion to 19 Strike. 20 10) On 5/15/2026, Mother’s attorney Don Emley filed a declaration for attorney’s fees and costs 21 seeking $650 in Family Code section 271 attorney’s fees sanctions for fees and costs incurred 22 related to Father’s reply to Mother’s reply. 23 11) On 5/19/2026, the Court adopted its Tentative Ruling without objection which: (a) denied 24 Mother’s request to strike Father’s Reply to Mother’s Reply, (b) denied Mother’s request for 25 sanctions related to that issue, and (c) continued the 5/19/2026 hearing to 6/30/2026 and ordered 26 the parties to submit further briefing on Mother’s ability to work as a substitute teacher, Mother’s 27 living situation, and whether Levi is in after-school care. 28 12) On 6/18/2026, Mother filed an Update Declaration.
Mother states she is physically able to work 29 as a substitute teacher 84.5 hours per month during school-year months (mid-August through
1 early June), which averages out to approximately 70 hours per month across an entire year. 2 Mother states the maximum number of hours that anyone could possible work as a substitute 3 teacher is 117 hours per month during the school year. Mother states that in reality the number of 4 hours actually available to her is reduced due to availability of substitute teaching jobs and 5 because it is best for her to only work substitute teaching assignments where she has a 6 relationship with the staff and students and knows the commute and parking.
However, Mother 7 also states that she “certainly [does] not limit [her] opportunities.” Mother states the “day rate” at 8 most schools is $339.98 and a “day” is considered to be 6.5 hours, so this averages out to $52.15 9 per hour. Mother therefore estimates her earning capacity to be $52.15 per hour x 70 hours per 10 month = $3,650.55 per month. Mother also states that she lives in a two-bedroom apartment 11 owned by her father. Her rent is $2,150 per month and she also owes her father $427 per month 12 for a loan payment.
Mother states she last paid her father $2,577 ($2,150 + $427) in August 2024. 13 Mother states that she received no support from Father after he “moved out” in July 2024 and 14 then began receiving only $1,000 per month in 2025. For this reason, Mother’s father agreed to 15 “temporarily suspend” her rent and loan obligations but she needs to start paying rent and the 16 loan payments again when Father begins paying sufficient support. Mother further states that Levi 17 is in after-school programs which provide care for a total of five days per week. 18 13) On 6/24/2026, Father filed a Supplemental Declaration.
Father states that he has paid Mother the 19 following amounts in voluntary support since March 2026 (the month during which Mother filed 20 her Request for Order): March 2026 ($2,285.87), April 2026 ($2,165), May 2026 ($2,165), and 21 June 2026 ($2,165). Father asks that Mother’s earning capacity be considered when determining 22 any temporary support award. Father also requests that all voluntary payments made between July 23 2024 through the present be considered in determining an order for child or spousal support. 24 B.
Findings and Order 25 1) Mother’s request for a child and temporary support order retroactive to 8/6/2024 is denied. The 26 Court will order support effective 3/23/2026 (the date Mother filed her Request for Order). 27 2) Base Child and Temporary Spousal Support 28 a. Effective 3/23/2026, in accordance with the XSpouse calculation attached hereto and 29 incorporated herein, Father shall pay Mother base guideline child support of $1,797 per
1 month and base guideline temporary spousal support of $3,581 per month, for a total of 2 $5,378 in base support per month. Base support shall be payable one-half by the 5th of 3 each month and one-half by the 20th of each month. 4 b. The Court finds that Father owes to Mother base child and temporary spousal support 5 arrears of $1,561.35 for the period 3/23/2026 – 3/31/2026 and $16,134.00 for the period 6 4/1/2026 – 6/30/2026, for total base support due of $17,695.35 for the period 3/23/2026 – 7 6/30/2026.
Between March 2026 and June 2026, Father paid Mother a total of $8,780.87 8 in voluntary support. Father therefore owes to Mother base support arrears in the amount 9 of $8,914.48. Commencing 7/20/2026, Father shall pay Mother an additional $1,485.75 10 per month by the 20th of each month for 6 months until these arrears are satisfied. 11 3) Smith /Ostler Child and Temporary Spousal Support 12 a. Effective 3/23/2026, in addition to base child and temporary spousal support, Father shall 13 pay as additional Smith / Ostler child and temporary spousal support a portion of all 14 additional gross income (e.g., bonuses and vested RSUs) received in excess of his base 15 salary, pursuant to the Bonus Table attached hereto and incorporated herein.
Smith / 16 Ostler child and spousal support shall be paid to Mother within 10 days of Father 17 receiving the additional income and he shall provide to Mother at the same time as 18 payment documentary evidence showing the amount of additional income received by 19 Father. 20 b. Effective 3/23/2026, Mother shall owe Father child and temporary spousal support credits 21 for any income she earns in excess of $3,651 x 12 = $43,812 in gross earnings during a 22 calendar year in accordance with the Bonus Table attached hereto and incorporated 23 herein.
No later than January 15th of each year (commencing 1/15/2027), Mother shall 24 provide to Father documentation showing her total earnings for the immediately prior 25 year and the parties shall determine whether Mother owes to Father any child and 26 temporary spousal support credits. The parties shall then meet and confer regarding how 27 Mother shall pay these child and temporary spousal support credits to Father. 28
1 4) Child Support Add-Ons 2 a. After Father pays base support to Mother, Father will have 56% of the parties’ combined 3 net spendable income and Mother will have 44% of the parties’ combined net spendable 4 income. 5 b. Effective 3/23/2026, the parties shall share 56 / 44 the following expenses for Levi: 6 i. Childcare costs as those are defined in Family Code section 4062(a)(1); 7 ii. Reasonable uninsured healthcare costs as that term is used in Family Code 8 section 4062(a)(2); 9 iii. Mutually agreed upon extracurricular activity expenses (consent for participation 10 in an extracurricular activity shall not be unreasonably withheld). 11 c.
The procedure for requesting and paying reimbursements for uninsured healthcare costs 12 shall be as set forth in Judicial Council Form FL-182. 13 d. The procedure for requesting and paying reimbursements for qualifying childcare costs 14 and extracurricular activities shall be as follows. When a party (e.g. Party A) pays for a 15 qualifying expense, within 30 days of paying the expense, Party A shall present to Party 16 B: (a) an itemized statement of charges, (b) proof of payment, and (c) the amount due and 17 owing from Party B.
Within 10 days of receiving this information, Party B shall submit a 18 payment to Party A for Party B’s share of the expense. 19 e. The parties shall exchange reimbursement claims for child support add-ons incurred 20 during the period 3/23/2026 – 6/30/2026 no later than 7/31/2026. 21 2) XSpouse Inputs 22 a. The inputs used in the XSpouse calculation are based on the following findings and 23 orders. 24 b. The Court finds good cause to impute to Mother $3,651 per month based upon her 25 earning capacity.
The Court finds that this imputation is in the best interest of Levi. 26 c. Based on the paystubs attached to Mother’s Income and Expense Declaration, the Court 27 finds that approximately 10.25% is deducted for mandatory retirement. Therefore, if 28 Mother earned $3,651 per month in gross wages, she would likely contribute 29 approximately $374 per month in mandatory retirement.
1 d. Based on the paystubs attached to Mother’s Income and Expense Declaration, the Court 2 finds that approximately 1.5% is deducted for union dues. Therefore, if Mother earned 3 $3,651 per month in gross wages, she would likely contribute approximately $55 per 4 month in union dues. 5 e. Father earns $10,288.47 per biweekly pay period, which averages out to $22,292 per 6 month. 7 f. Father reports a loss of approximately $53 per month for self-employment income for his 8 businesses CritterPack, LLC and TotStep, LLC. 9 g.
Father reported a loss of $2,826 in 2025 ($236 per month) for his rental property. 10 h. Father is paid $150 every other biweekly pay period ($162.50 per month) for “commuter” 11 and $25 per biweekly pay period ($54.17 per month) for “cell phone” and does not pay 12 federal taxes on these amounts. In addition, Father deducted $13,439 in 2025 ($1,120 per 13 month) for depreciation for his rental property. The Court finds good cause to include in 14 the XSpouse calculation a total of $1,337 per month in nontaxable income. 15 i.
Father contributes $514.42 per biweekly pay period to his 401(k), which averages out to 16 $1,115 per month. 17 j. $321.65 is deducted from Father’s biweekly pay for dental, health, and vision insurance, 18 which averages out to $697 per month. 19 3) Attorney’s Fees and Costs 20 a. After Father pays base support to Mother, Father will have 56% of the parties’ combined 21 net spendable income ($10,677 per month) and Mother will have 44% of the parties’ 22 combined net spendable income ($8,348 per month).
Accordingly, Father has 23 approximately $2,329 more in monthly net spendable income than Mother. Father also 24 receives substantial bonus income and RSU grants, only a percentage of which is payable 25 to Mother as Smith / Ostler support. Each party's monthly net spendable income exceeds 26 his or her estimated monthly expenses (excluding entertainment, gifts, and vacation 27 expenses). Father has $7,569 in cash savings, $23,600 in easily saleable investments, and 28 $330,000 in real and personal property.
Father reports debts totaling $56,734. Mother has 29 $5,846 in cash savings and $117,045 in real and personal property. Mother reports debts
1 totaling $9,517. The Court further notes that Father has been paying to Mother 2 significantly less than guideline child and temporary spousal support since the parties’ 3 date of separation, and he has paid no Smith / Ostler support to Mother since separation. 4 b. The Court finds there is a significant disparity in access to funds to pay attorney’s fees 5 and that Father has the ability to make a significant contribution toward Mother's 6 attorney's fees and costs. The Court finds good cause to award to Mother $30,000 in 7 attorney’s fees and costs, which the Court finds is a just, reasonable, and necessary 8 contribution.
Father shall pay to Mother $15,000 no later than 7/20/2026. Thereafter, 9 commencing 8/20/2026, Father shall pay to Mother $5,000 by the 20th of each month for 10 3 months to satisfy the remainder. 11 4) Mother’s attorney shall prepare the Findings and Order After Hearing, which shall include the 12 mandatory FL-342 form and the XSpouse calculation. 13 5) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 14 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 15 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 16 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 17 proposed order after hearing directly to the court.
Failure to submit the order after hearing within 18 10 days may allow the other party to prepare a proposed order and submit it to the court in 19 accordance with CA Rules of Court, Rule 5.125(d). 20
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