Rumesha Ahmed Whitfield v. James Alistair Whitfield

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

5) 6 RUMESHA AHMED WHITFIELD,) Case Number: FDI-25-800955) 7 Petitioner) Hearing Date: August 6, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 JAMES ALISTAIR WHITFIELD,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 PETITIONER'S REQUEST FOR THE COURT TO ISSUE A WORK SEARCH ORDER AND 13 GAVRON ADMONITION FOR RESPONDENT, AND RESPONDENT'S REQUEST FOR REVIEW 14 OF TIMESHARE AND CUSTODY AND CHILD AND SPOUSAL SUPPORT, AND PETITIONER'S 15 REQUEST FOR A LONG-CAUSE SETTING RE: CUSTODY AND TIMESHARE 16 TENTATIVE RULING 17 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 18 Court makes the following findings and orders: 19

20 I. Custody and Parenting Time 21

22 A. Procedural History 23 1) Rumesha Ahmed Whitfield (Mother) and James Whitfield (Father) have one minor child 24 together, Berenice (DOB 8/3/2020, age 6). 25 2) In a 3/9/2026 Stipulation and Order, the parties agreed to “joint parenting” of Berenice while 26 living together “as they have done previously” and also agreed that once Father moves out of the 27 family home, he will have parenting time every weekday from 2PM to 6PM (Fridays until 28 7:30PM) and Saturday from 8AM to 6PM. (The parties also agreed he would care for the family 29 dog 2 days a week, between 8 and 9AM before the dog’s morning walk and returning him 2 days

1 later after the dog’s morning walk.) The parties reached various other agreements relating to 2 financial issues. The Court set the matter for a review hearing on all issues for 8/6/2026. 3 3) The Court has received and reviewed the parties’ update declarations and their requests and 4 responses regarding an evidentiary hearing and a child custody evaluation or brief focused

5 assessment (BFA). Father states, among other things, that he has not yet been able to move out of 6 the family home because he is not employed and is not receiving spousal support. He requests an 7 order for a 2-2-3 parenting time schedule with a “brief step-up plan.” He states that Mother’s 8 concerns about his physical and cognitive limitations are overstated and that he is capable of 9 caring for Berenice. He states he generally sees Berenice every day before and after camp and for 10 dinner and spends time with her on either Saturday or Sunday. He states he took her to New York 11 for 5 days in October 2025 and to the UK for 10 days in July 2026 without incident. Father 12 opposes Mother’s request for an evidentiary hearing on custody matters; alternatively, he asks for

13 a child custody evaluation or BFA pending and temporary custody orders pending the evidentiary 14 hearing if one is ordered. 15 4) Mother states that when the parties entered into the Stipulation and Order in February 2026 (filed 16 3/9/2026), the parties’ understanding was that Father would be moving out of the family home 17 shortly thereafter and that the Court would have 6 months until the 8/6/2026 review hearing to see 18 how Father’s parenting time was going before issuing any further custody and parenting time 19 orders. She states that because Father has not moved out and has therefore not yet exercised the 20 parenting time set forth in the Stipulation and Order, there is no need for any modification of his

21 parenting time at this time. She asks that in the event the Court is inclined to increase Father’s 22 parenting time, she would like an evidentiary hearing on custody and parenting time. 23 B. Findings and Orders 24 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child 25 Custody Jurisdiction and Enforcement Act. A violation of this order may subject the party in 26 violation to civil or criminal penalties, or both. The country of habitual residence of the minor 27 child is the United States. 28 2) The Court finds it is in Berenice’s best interest to maintain the custody and parenting time orders 29 set forth in the 3/9/2026 Stipulation and Order. The parties reached an agreement about what

1 Father’s parenting time would be once he moved out of the family home and requested a review 2 hearing for the Court to review custody and parenting time. Father has not yet moved out of the 3 home and has not yet exercised his parenting time; thus, the Court does not find good cause to 4 modify the 3/9/2026 Stipulation and Order at this time. Father’s request for a child custody

5 evaluation or BFA and Mother’s request for an evidentiary hearing are denied without prejudice. 6 The custody and parenting time issues are set for a further review hearing on 12/1/2026 at 9AM 7 in Department 404. At least 10 days before the review hearing, each party shall file an update 8 declaration informing the Court whether Father has moved out of the family home, whether he 9 has begun exercising the parenting time the parties agreed to in the 3/9/2026 Stipulation and 10 Order, and what the parties’ requests are regarding custody and parenting time going forward. 11

12 II. Child and Temporary Spousal Support

14 A. Procedural History

15 1) The 3/9/2026 Stipulation and Order outlines the following agreements regarding child and

16 temporary spousal support:

17 a. Father has no claim to retroactive child and spousal support and waives the same.

18 b. No child and spousal support is due to Father until he moves out of the family residence

19 and establishes his own residence. At that time and going forward, Mother shall pay

20 Father $905 per month in guideline child support and $3,823 per month for temporary

21 guideline spousal support, for a total of $4,728 per month, but these payments will

22 terminate on 3/18/2026 due to Mother’s loss of employment effective that date.

23 c. On Father vacating the family residence and establishing his own residence, the parties

24 will immediately begin dividing all profits from community property investments. Within

25 14 days of receipt of such profits, Mother shall transfer to Father his 50% share.

26 Mother shall provide Father with an accounting of the same demonstrating any expenses

27 that were paid and/or profit/income that was received.

28 d. Mother’s request for the court to issue a work search order and Gavron admonition for

29 Father, and Father’s request for review of timeshare and custody and child and spousal

1 support and Mother’s request for a long cause setting re custody and timeshare is set for 2 8/6/2026. 3 2) On 7/30/2026, Father filed a Status Declaration stating he has found it extremely difficult to 4 secure alternate housing because he has no employment income and has not been receiving any 5 spousal support. Father states he has been forced to use the little savings he has to pay for living 6 expenses because Mother refuses to pay support to him while they are living together. Father 7 states Mother has demanded that he vacate the residence by 9/30/2026.

Father states he is waiting 8 to receive an inheritance from his late father’s estate in the amount of $90,000. Father states he 9 suffered a traumatic brain injury in December 1998 as the result of a serious motor vehicle 10 accident and he experiences difficulty with his memory, information processing, balance, and 11 mobility and he suffers chronic headaches. Father states he last held a position as a product 12 manager for a technology and media company but was terminated in August 2024. Father states 13 he is currently working with a vocational rehabilitation counselor through Sutter Health’s Pacific 14 Employment Program (PEP) which assists adults with traumatic brain injuries in preparing for 15 and obtaining active employment.

Father states he and his counselor are evaluating whether there 16 is any type of employment he is capable of performing. Father requests the Court deny Mother’s 17 request to subject him to a seek work order while he is working with his PEP counselor. Father 18 also states that a Gavron warning is not appropriate because he is only capable of working within 19 the limits of his disability and he is unlikely to reach an earning capacity approaching the marital 20 standard of living. Father states he needs support now in order to relocate. 21 3) On 7/30/2026, Father filed an Income and Expense Declaration. 22 4) On 7/30/2026, Father filed a Statement of Support Calculation. 23 5) On 7/30/2026, Mother filed an Update Declaration.

Mother agrees that Father has not been able 24 to secure alternate housing. Mother states Father’s initial application to the federal government 25 and state agencies for disability, and subsequent appeal, according to his attorney, have both been 26 rejected. Father has filed a second appeal which could take up to 24 months to receive a decision. 27 Mother believes Father is able to secure employment “given the rejection of the disability 28 applications.” Mother states, “until the court can evaluate the testimony and evidence as to 29

1 husband’s earning capacity, neither spousal nor child support can be determined; and for this 2 reason, wife requests that the matter be set for the long cause hearing.” 3 6) On 7/31/2026, a Stipulation and Order Re: Health Insurance was entered which provides that 4 Mother shall maintain Father as a covered dependent under her health insurance plan available 5 through her employer Wells Fargo so long as such coverage remains available and until entry of 6 Judgment of Dissolution or Father obtains his own coverage through a job or otherwise.

Father 7 shall reimburse Mother for premiums in the amount of $325.96 per month which shall be paid to 8 Mother no later than the 15th day of every month and Father shall reimburse Mother for his pro- 9 rata share of the actual annual deductible incurred as well as out-of-pocket medical expense 10 incurred. The parties further agree, “Petitioner shall not deduct any claimed health insurance 11 premiums, deductible amounts, or out-of-pocket medical expenses from any spousal support 12 payments otherwise due to Respondent.” 13 7) Mother did not file a Statement of Support Calculation or Income and Expense Declaration. 14 B.

Findings and Order 15 1) The Court finds that the 3/9/2026 Stipulation and Order was predicated on an expectation that 16 Father would be able to obtain alternate housing. This expectation has proven to be untrue. Father 17 has been unable to secure alternate housing despite his efforts, in part because he is not currently 18 earning an income or receiving support. The Court finds good cause to award temporary spousal 19 support to Father at this time given that Father needs support in order to relocate, Mother has the 20 ability to pay, and Father should not be required to exhaust his savings to pay his living expenses 21 while he is exploring his earning capacity.

Father is actively working with his PEP counselor to 22 evaluate the types of employment he is capable of performing, and the Court does not find that 23 Father is presently shirking his obligation to become self-supporting or to support the parties' 24 child. The Court will revisit these issues at the next review hearing. 25 2) Effective 8/1/2026, in accordance with the XSpouse calculation attached hereto and incorporated 26 herein, Mother shall pay Father $4,646 in temporary guideline spousal support per month.

One- 27 half shall be due and payable by the 1st and one-half shall be due and payable by the 15th of each 28 month. 29

1 3) So long as Father remains living in the marital residence and until Father vacates the marital 2 residence, Mother may deduct from Father’s monthly spousal support one-half of the carrying 3 costs for the marital residence, including mortgage, property taxes, insurance, as well as one-half 4 of utilities. Mother shall forward to Father the invoices for any items she deducts from Father’s 5 monthly support. 6 4) Support for August 2026 shall be paid no later than 8/15/2026. 7 5) The Court declines to order child support at this time given that the parties are currently living 8 together.

Once Father vacates the marital residence and begins to exercise the timeshare schedule 9 set forth in the 3/9/2026 Stipulation and Order, Mother shall pay to Father $1,001 per month in 10 guideline child support in accordance with the attached XSpouse calculation. 11 6) The Court declines to issue a work search order or Gavron admonition at this time. The Court will 12 review child support, temporary spousal support, Mother's request for a work search order, and 13 Mother's request for a Gavron warning at the review hearing on 12/1/2026 at 9:00 AM. in 14 Department 404. 15 7) At least 20 calendar days prior to the next hearing date, both parties shall file and serve updated 16 Income and Expense Declarations. 17 8) At least 20 calendar days prior to the next hearing date, Father shall file and serve a declaration 18 updating the Court regarding: (1) his efforts to secure alternate housing; (2) his progress with his 19 PEP counselor; (3) any conclusions reached regarding the types of employment he is capable of 20 performing; (4) his anticipated earning capacity; and (5) any material updates regarding child and 21 temporary spousal support.

If available, Father shall attach a letter or report from his PEP 22 counselor. 23 9) At least 10 calendar days prior to the next hearing date, Mother shall file and serve a declaration 24 responding to these issues and providing any other relevant updates. 25 10) At least 10 calendar days prior to the next hearing date, both parties shall file and serve 26 Statements of Support Calculation. 27

1 III. Preparation of Order 2

3 1) Mother’s attorney shall prepare the Findings and Order After Hearing. 4 2) Preparation of Order: If you are directed by the court to prepare the order after hearing – within

5 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 6 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 7 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 8 proposed order after hearing directly to the court. Failure to submit the order after hearing within 9 10 days may allow the other party to prepare a proposed order and submit it to the court in 10 accordance with CA Rules of Court, Rule 5.125(d). 11

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whitfield v. whitfield xspouse.xsp Xspouse 2026-1-CA

Fixed Shares Father Mother Monthly figures Cash Flow #of children 0 1 2026 Guideline Proposed % time with NCP 26.00 % 0.00 % Comb. net spendable 15464 15464 Filing status SINGLE HH/MLA GUIDELINE Percent change 0% 0% # exemptions 1 * 2 * Nets(adjusted) Father Wages+salary 0 22917 Father 0 Payment cost/benefit 5647 5647 Self-employed income 0 0 Mother 15464 Net spendable income 5647 5647 Other taxable income 0 0 Total 15464 Change from guideline 0 0 TANF+CS received 0 0 Support Other nontaxble income 0 0 Addons % of combined spendable 37% 37% 0 New spouse income 0 0 Guideln CS % of saving over guideline 0% 0% 1001 401(k) employee contrib 0 1146 Total taxes 0 0 S.Clara SS 4646 Adjustments to income 0 0 Dep. exemption value 0 0 Total 5647 SS paid prev marriage 0 0 # withholding allowances 0 0 - CS paid prev marriage 0 0 Net wage paycheck 0 0 Health insurance 0 510 Mother Other medical expense 0 0 Payment cost/benefit -5647 -5647 Property tax expense 0 271 Net spendable income 9817 9817 Ded interest expense 0 337 Proposed Change from guideline 0 0 Charitable contributions 0 0 Tactic 9 % of combined spendable 63% 63% Misc tax deductions 0 0 CS 1001 Qual bus income ded 0 0 SS % of saving over guideline 0% 0% 4646 Required union dues 0 0 Total Total taxes 6943 6943 5647 Mandatory retirement 0 0 Dep. exemption value 0 0 Hardship deduction 0 * 0 * Saving 0 # withholding allowances 0 0 Other GDL deductions 0 0 Releases 0 Net wage paycheck 13366 13366 Child care expenses 0 0

Mother pays Guideline CS, Guideline SS, Proposed CS, Proposed SS

FC 4055 checking: ON Per Child Information Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 25 - 75 0 0 0 Father 1001 Mother 1001 Mother

26 - 74 0 0 0 Father 1001 Mother 1001 Mother

Time: 11:25:30 Superior Court of California Date: 08/05/26 County of San Francisco