Timothy Wargo v. Christopher Nelson

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

5) 6 TIMOTHY WARGO,) Case Number: FDI-25-802354) 7 Petitioner) Hearing Date: August 13, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 CHRISTOPHER NELSON,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER: SPOUSAL OR PARTNER SUPPORT, ATTORNEY FEES AND COSTS 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 Timothy Wargo and Respondent Christopher Nelson. 18 2) Per the Petition for Dissolution (filed 12/18/25) and Response and Request for Dissolution (filed 19 4/13/26), the parties married on 6/3/05 and separated on 12/17/25 for a marriage of 20 years and 6 20 months.

There are no minor children subject to this proceeding. 21 3) On 7/13/26, Respondent filed a Request for Order seeking temporary monthly spousal support 22 and $7,500 in attorney’s fees and costs pursuant to Family Code section 2030. Petitioner asserts 23 he is disabled and unemployed and the $4,719 Petitioner voluntarily pays him in support is not 24 enough to meet his monthly expenses. 25 4) On 7/13/26, Respondent filed an Income and Expense Declaration indicating he earns $0 in 26 average monthly income and pays $6,100 in average monthly expenses. 27 5) On 7/31/26, Petitioner filed a Responsive Declaration.

Petitioner agrees to pay Respondent 28 guideline temporary monthly spousal support, which Petitioner asserts he has been voluntarily 29 paying Respondent. Petitioner requests the Court order: (a) Petitioner to pay Respondent $4,719

1 in guideline temporary monthly spousal support in accordance with the XSpouse report attached 2 as Exhibit 2; (b) Petitioner to contribute $4,000 to Respondent’s attorney’s fees and costs; and (c) 3 reservation of jurisdiction over Petitioner’s claim for reimbursement for any overpayment of 4 temporary support already paid (Petitioner asserts he voluntarily paid Respondent’s living costs at 5 $6,259 per month for over six months). 6 6) On 7/31/26, Petitioner filed an Income and Expense Declaration. 7 B.

Findings and Order 8 1) Respondent’s request for guideline temporary monthly spousal support is GRANTED. 9 2) The Court finds good cause to adopt Petitioner’s proposed XSpouse calculation attached as 10 Exhibit 2 to Petitioner’s Responsive Declaration filed 7/31/26 (and attached hereto). 11 3) As such, Petitioner shall pay Respondent $4,719 in guideline temporary monthly spousal support 12 on the 1st of every month, effective 7/13/26. The Court finds there are no arrears due and owing to 13 Respondent as it is undisputed that Petitioner has been voluntarily paying Respondent’s expenses. 14 4) The Court reserves jurisdiction over Petitioner’s claim for reimbursement for any overpayment of 15 temporary support Respondent voluntarily paid. 16 5) Respondent’s request for Family Code section 2030 attorney’s fees and costs is GRANTED in the 17 amount of $5,000. 18 6) The Court finds an award of attorney's fees and costs is appropriate here because there is a 19 demonstrated disparity between the parties in access to funds to retain counsel and in the ability 20 to pay for legal representation. 21 7) The Court further finds that Petitioner has or is reasonably likely to have the ability to pay $5,000 22 towards Respondent’s legal representation while maintaining his own. 23 8) Finally, $5,000 in attorney's fees and costs is reasonable and necessary based on the facts and 24 equites of this case. 25 9) Petitioner shall pay this balance in full by 9/13/26. 26 10) Counsel for Petitioner shall prepare the Findings and Order After Hearing. 27 11) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 28 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 29 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule

1 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 2 proposed order after hearing directly to the court. Failure to submit the order after hearing within 3 10 days may allow the other party to prepare a proposed order and submit it to the court in 4 accordance with CA Rules of Court, Rule 5.125(d). 5

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Xspouse 2025-1.1-CA

Fixed Shares Party A Party B Monthly figures CASH FLOW #of children 0 0 2026 % time with NCP 0.00 % 0.00 % Combined net spendable 11509 Filing status SINGLE SINGLE Nets(adjusted) # exemptions 1 * 1 * Party A 11624 Party A Wages+salary 12479 0 Party B -116 Payment Cost/Benefit 4281 Self-employed income 0 0 Total 11508 Net spendable income 6905 Other taxable income 3595 0 Support Federal income tax 2660 TANF+CS received 0 298 Addons 0 Federal employment tax 955 Other nontaxble income 0

oOo ©& Guideln CS 0 State income tax 303

ooqoeooeoeooooooocooooo New spouse income 0 401(k) employee contrib 618 S.Clara SS 4719 State employment tax 150 Adjustments to income eo 00 Total 4719 Total taxes 4067 SS paid prev marriage Federal filing status SINGLE °o

CS paid prev marriage Settings changed State filing status SINGLE Oo

Health insurance 382 Other medical expense Party B ©&

Property tax expense Payment Cost/Benefit 4603 02

Ded interest expense Net spendable income 4603 00

Contribution deduction Federal income tax 0 Misc tax deductions 00°

Federal employment tax 0 Qual bus income ded Required union dues State income tax 116 oo.

Mandatory retirement State employment tax 0 Hardship deduction Total taxes 116 o

Other GDL deductions Federal filing status SINGLE oo

Child care expenses State filing status SINGLE

Party A pays spousal support

Time: 11:41:00 O'Flaherty Family Law, PC Date: 06/03/26 Doc ID: fa36f2945d6e 1f835fb1a8072013488c7a0ef94a