Jane McCarthy v. Daniel McCarthy

On March 30, 2026, Petitioner Jane McCarthy (Mother) filed a request for order (RFO) seeking the following:

1. Joint legal and physical custody of the minor children with an equal time share; 2. Guideline child support; 3. Temporary guideline spousal support; 4. Temporary exclusive use of the family residence and in the alternative an order that Father distribute to Mother $15,000 as an advance on Mother’s share of the community property assets so that Mother can obtain a separate residence to live; 5. An order for the family residence to be listed for sale until sold; and 6. An order for need-based attorney’s and expert fees and costs in the amount of $15,000.

Father has not filed a responsive declaration to the RFO but has filed an income and expense declaration.

On April 15, 2026, Mother filed a petition for a domestic violence restraining order (DVRO), which is set to be heard May 14, 2026. The DVRO petition requests custody orders, support orders, exclusive control of the marital residence, and attorney fees, among other things. Neither party has complied with Local Rule 7.13 with regard to providing financial documents. Mother’s request for attorney fees includes an FL-158 form but provides no information about the why the requested fees are necessary.

Currently, the parties are still both residing in the marital residence.

The request for custody orders is DEFERRED pending the outcome of the DVRO hearing.

The request for support is DEFERRED pending the outcome of the DVRO hearing. The request for temporary exclusive use of the marital residence is DEFERRED pending the outcome of the DVRO hearing.

The request for an order requiring sale of the marital residence is DENIED without prejudice. Mother has shown no pressing reason to sell the martial residence. According to her declaration there are sufficient assets to permit the parties to reside separately and maintain the costs of the marital residence.

The request for attorney’s fees is DEFERRED pending the outcome of the DVRO hearing. Mother states she has so far been able to pay for counsel with credit cards and Father is paying those bills.

Both parties are ordered to comply with Local Rule 7.13 and lodge tax returns and other required financial information by 4:00 pm May 13, 2026, so the Court has the information available in time for the May 14, 2026 DVRO hearing.