Abigail Rodriguez Montecino v. Mark Yap Montecino

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

5) 6 ABIGAIL RODRIGUEZ MONTECINO,) Case Number: FDI-25-801374) 7 Petitioner) Hearing Date: May 19, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 MARK YAP MONTECINO,) Department: 403) 10 Respondent) Presiding: JUDGE KATHLEEN DIESMAN) 11) 12 REQUEST FOR ORDER RE: SPOUSAL OR PARTNER 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 Abigail Rodriguez Montecino and Respondent Mark Yap Montecino. 18 They married on 5/30/17.

Per the Petition filed 5/9/25, Petitioner contends the parties separated 19 on 12/4/24, for a marriage of 7 years and 6 months. Per the Response filed 6/20/25, Respondent 20 contends the parties separated on 1/9/22, for a marriage of 4 years and 7 months. The parties have 21 no minor children in common. 22 2) On 10/8/25, Petitioner filed a Request for Order filed seeking $3,200 in temporary spousal 23 support. The matter was set for hearing on 11/20/25. 24 3) On 11/17/25, Petitioner submitted a Request to Enter Default and a proposed True Default 25 Judgment in this matter, but Respondent filed a Response to the Petition on 6/20/25, which 26 precludes entry of his default. 27 4) At the prior 11/20/25 hearing (see Findings and Order After Hearing (FOAH) filed 12/11/25), the 28 Court continued the hearing to 3/3/26 because Petitioner failed to file an Income and Expense 29

1 Declaration (form FL-150) and there was no Proof of Service on file for Petitioner’s Request for 2 Order. As such, the Court ordered Petitioner to: 3 a. File and serve an Income and Expense Declaration (form FL-150); 4 b. Have Respondent served with her Request for Order filed 10/8/25, Income and Expense 5 Declaration (form FL-150), a blank Responsive Declaration (form FL-320), a copy of the 6 Tentative Ruling Instructions, and a copy of the Findings and Order After Hearing for the 7 11/20/25 hearing date; and 8 c.

File a Proof of Service evidencing compliance with the orders set forth above. 9 5) On 1/20/26, Petitioner filed an Income and Expense Declaration (form FL-150) indicating she 10 earns an average monthly salary of $2,729.30, pays $164.91 in health insurance premiums, pays 11 $2,985 in average monthly expenses, and estimates Respondent earns $13,750 in average 12 monthly income based on “incoming checks from portal healthcare.” 13 6) On 2/27/26, Petitioner filed an Affidavit of Unsuccessful Service attached to which is a 14 Declaration of Diligence. 15 7) At the prior 3/3/26 hearing, Petitioner appeared in pro per, and Respondent did not appear. 16 Petitioner advised the Court she filed a Proof of Service on 2/27/26 and requested a continuance. 17 Accordingly, the Court made a finding of good cause to continue the matter to 5/19/26.

Petitioner 18 was ordered to serve the continuance order on Respondent via mail as required by Code of Civil 19 Procedure section 1005(b). 20 8) On 4/11/26, the Court filed a Proof of Service by Mail indicating the FOAH on 3/3/26 was mailed 21 to both parties on 3/11/26. The Court served Respondent at the address listed on his Response and 22 Request for Dissolution. 23 9) On 4/22/26, Petitioner filed a Proof of Service by Mail indicating she served the following 24 documents on Respondent by mail on 4/14/26: (a) Income and Expense Declaration (form FL- 25 150); (b) blank Responsive Declaration (FL-320); (c) Request for Order (FL-300) and Tentative 26 Ruling Instructions; and (d) FOAH on 11/20/25. 27 10) Respondent did not file a Responsive Declaration or Income and Expense Declaration. 28 B.

Findings and Order 29

1 1) The Court finds proper service was effectuated – i.e., Respondent has notice of the 5/19/26 2 hearing – based on the Court’s 4/11/26 Proof of Service and Petitioner’s 4/22/26 Proof of Service. 3 2) Given that Respondent failed to file a Responsive Declaration and Income and Expense 4 Declaration, the Court further finds good cause to: (a) GRANT Petitioner’s unopposed request for 5 temporary spousal support; and (b) use Petitioner’s estimation for Respondent’s income as listed 6 on her Income and Expense Declaration, which she signed under penalty of perjury ($13,750 in 7 average monthly income based on “incoming checks from portal healthcare). 8 3) As such, in accordance with the XSpouse report attached hereto and incorporated herein, 9 Respondent shall pay Petitioner $946 in guideline temporary monthly spousal support by the 1st 10 of every month, effective 10/8/25 (i.e., the date on which Petitioner filed her Request for Order). 11 The first payment shall commence on 6/1/26. 12 4) The XSpouse report is based on the following findings: 13 a.

Per Petitioner’s pay stubs attached to her Income and Expense Declaration: 14 i. Petitioner earns an average monthly salary of $7,732.53 ($3,568.86 gross 15 biweekly). 16 ii. Petitioner pays $313.62 in monthly health insurance premiums ($144.45 17 biweekly). 18 iii. Petitioner pays $231.98 in retirement ($107.07 biweekly). 19 b. Per section 4 of Petitioner’s Income and Expense Declaration, Respondent earns $13,750 20 in average monthly income based on “incoming checks from portal healthcare.” 21 5) Respondent owes Petitioner $7,323 in temporary monthly spousal support arrears for the period 22 of 10/8/25 – 5/31/26 ($701 for October 2025 + $6,622 for November 2025 – May 2026 ($946 x 23 7).

Respondent shall pay an additional $250 per month until this balance is paid in full. 24 6) The Court reserves jurisdiction over the spousal support orders made herein retroactive to 25 10/8/25. 26 7) The Court will prepare the Findings and Order After Hearing. 27

26-05-19 XSpouse Montecino v. Montecino 801374

2026 Xspouse 2026-1-CA Monthly Figures Fixed Shares Husband Wife Monthly Figures Cash Flow Number of children 0 0 2026 Guideline Proposed Percent time with NCP 0.00% 0.00% Combined net spendable 14695 14695 Filing status MFSIN MFSIN Percent change 0% 0% GUIDELINE Number of exemptions 1 1 Nets (adjusted) Husband Wages and salary 13750 7732 0 0 Husband 9215 Payment cost/benefit -946 -946 Self employed income 0 0 Wife 5480 Net spendable income 8269 8269 Other taxable income 0 0 Total 14695 Change from guideline 0 0 TANF CS received 0 0 Support % of combined spendable 56% 56% Other nontaxable income 0 0 % of saving over guideline 0% 0% New spouse income Addons 0 Employee 401-k contribution 0 231 Total taxes 4535 4535 Guideln CS 0 Adjustments to income 0 0 Dep. exemption value 0 0 S.Clara SS 946 SS paid prev marriage 0 0 # withholding allowances 0 0 Total 946 CS paid prev marriage 0 0 Net wage paycheck 8955 8955 - Health insurance 0 313 Settings changed Wife Other medical expenses 0 0 Payment cost/benefit 946 946 Proposed Property tax expenses 0 0 Net spendable income 6426 6426 Tactic 9 Ded interest expense 0 0 Change from guideline 0 0 Contribution deduction 0 0 CS 0 % of combined spendable 44% 44% Misc tax deductions 0 0 SS 946 % of saving over guideline 0% 0% Qualified business income Total 946 0 0 Total taxes 1939 1939 deduction Saving 0 Dep. exemption value 0 0 Required union dues 0 0 Releases 0 # withholding allowances 0 0 Mandatory retirement 0 0 Net wage paycheck 5270 5270 Hardship deduction 0 0 Other GDL deductions 0 0 Child care expenses 0 0

Husband pays Guideline SS, Proposed SS

FC 4055 checking: ON Per Child Information DOB Timeshare cce(F) cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 0-0 0 0 0 Husband 0 Husband 0 Husband

Superior Court of California County of San Francisco