Request for Order: Change of Child Support
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 JACK SPILBERG,) Case Number: FDI-20-793956) 7 Petitioner) Hearing Date: August 6, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 BROOKE SCHUMACHER,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: CHANGE OF CHILD SUPPORT 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 Jack Spilberg (Father) and Respondent Brook Schumacher (Mother). 18 They share one minor child: Bodie (DOB: 11/13/13). 19 2) On 12/30/21, the Court entered Judgment of Dissolution, Article 11 of which reserves jurisdiction 20 over child support and includes orders regarding add-on expenses. 21 3) On 7/7/26, Father filed a Request for Order seeking modification of child support based on 22 imputation of Mother’s earning capacity because Mother has employment history in professional 23 roles and is actively job searching.
Father states Mother refuses to provide updated financial 24 disclosures. The matter was set for hearing on 8/6/26. 25 4) On 7/7/26, Father filed an Income and Expense Declaration. 26 5) On 7/31/26, Father filed a Proof of Personal Service indicating Mother was served with the 27 Request for Order and supportive pleadings on 7/11/26. 28 6) Mother did not file a Responsive Declaration. 29
1 7) The Court notes that Father filed an additional Request for Order on 7/31/26 seeking modification 2 of parenting time. The matter was set for Readiness hearing on 8/31/26. 3 B. Findings and Order 4 1) The party requesting imputation of earning capacity must present evidence that the other party 5 has the ability and opportunity to earn the attributed income, including, but not limited to, 6 evidence such as job qualifications, salary payable, and job opportunities. (See Marriage of 7 Wittgrove (2004) 120 CA4th 1317, 1329; Marriage of Henry (2005) 126 CA4th 111, 120.) 8 2) The Court finds Father presented no such evidence of Mother’s earning capacity. 9 3) As such, Father’s request for modification of child support based on imputation of Mother’s 10 earning capacity is DENIED without prejudice. 11 4) The Court will prepare the Findings and Order After Hearing. 12
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