Martha Alejandra Bayardo v. Carlos Gerardo Bayardo

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

5) 6 MARTHA ALEJANDRA BAYARDO,) Case Number: FDI-24-799607) 7 Petitioner) Hearing Date: August 27, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 CARLOS GERARDO BAYARDO,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER CHILD CUSTODY, VISITATION, SUPPORT, BIFURCATION AND 13 TERMINATION OF STATUS 14 TENTATIVE RULING 15 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the 16 Court makes the following findings and orders: 17 A.

Procedural History 18 1) Petitioner Martha Bayardo (Mother) and Respondent Carlos Bayardo (Father) married on 19 6/6/2012 and separated on 6/7/2018, for a marriage of 6 years. The parties have one minor child, 20 Roberta (DOB: 12/2/2013, age 12). Mother is represented in limited scope by attorney Hector 21 Chinchilla. Father is self-represented. 22 2) On 2/3/2026, Mother filed the instant Request for Order asking the Court to award her sole legal 23 and physical custody, award Mother guideline child support, issue Mother’s proposed holiday 24 schedule, and bifurcate and terminate the parties’ marital status. 25 3) On 2/20/2026, the parties appeared for a Mandatory Settlement Conference and reached several 26 agreements. 27 4) On 4/7/2026, the parties appeared for a hearing on Mother’s 2/3/2026 Request for Order.

The 28 Court ordered the parties to attend mediation and set the matter for a continued hearing on 29 6/4/2026.

1 5) On 4/24/2026, a Judgment was entered which incorporates the parties’ Marital Settlement 2 Agreement (MSA). The MSA provides in relevant part that legal and primary physical custody 3 shall be granted to Mother with a visitation schedule for Father. The MSA also provides, “As

4 regards child support, the parties have since separation, addressed this issue through an informal

5 private agreement. Unless and until a further order from the court the parties have agreed to 6 maintain the status quo.” The MSA also terminates the Court’s jurisdiction to award spousal 7 support to either party. 8 6) On 5/11/2026, a Child Custody and Visitation Stipulation and Order was entered which states that

9 Mother shall have sole legal custody and the parties shall share joint physical custody. The

10 Stipulation and Order outlines a regular and holiday visitation schedule. 11 7) On 5/26/2026, Mother filed an Income and Expense Declaration. Mother states she is 54 years 12 old and has a Masters Degree in Marketing. Mother works 40 hours per week for her pet care 13 business. Mother attached a 2025 Profit and Loss Statement which shows that she earned $88,947

14 in gross income in 2025 and paid $48,904 in expenses (not including depreciation), for net self-

15 employment income of $40,043, which averages out to $3,337 per month. Mother estimates that 16 Father earns $8,000 per month. 17 8) On 6/1/2026, Mother filed a declaration to which a proposed XSpouse calculation is attached, 18 which shows $630 per month in guideline child support payable by Father based on Father’s

19 earning $6,500 per month in self-employment income and Mother earing $1,750 per month in

20 self-employment income. 21 9) Per the Proof of Service filed 6/1/2026, Mother’s Income and Expense Declaration and her 22 declaration filed 6/1/2026 were mailed and emailed to Father on 5/27/2026. 23 10) Father did not file any responsive pleadings prior to the 6/4/2026 hearing.

24 11) At the 6/4/2026 hearing, the Court made the following findings and orders:

25 a. The Court does not have sufficient information to make a guideline child support 26 calculation given that Mother’s most recent pleadings provide two different income 27 figures for Father (with no documentary support) and there is no current Income and 28 Expense Declaration on file for Father.

29 b. The hearing on Mother’s request for child support is continued to 8/27/2026.

1 c. At least 20 calendar days prior to the next hearing date, Father shall file and serve a fully 2 completed Income and Expense Declaration. Father shall include as an attachment 3 paystubs for the immediately preceding two months, a year-to-date Profit and Loss

4 Statement or Schedule C, and a Profit and Loss Statement or Schedule C for 2025.

5 d. If Father fails to file an Income and Expense Declaration prior to the next hearing date, at 6 least 10 calendar days prior to the next hearing date, Mother shall file a declaration to 7 which she attaches documentary proof of her claims regarding Father’s income. 8 12) On 8/14/2026, Father filed an Income and Expense Declaration. Father states that he earns on

9 average $812 per month in dividends and interest, $6,000 per month in wages, and $6,000 per

10 month in average self-employment income as a dog walker. Father states that he has $250,000 in 11 cash savings and $4,000 in easily saleable investments. Father estimates his monthly expenses to 12 be $7,360. Father reports no debts. Father attached a 2025 Schedule C which shows that he 13 earned $77,023 in gross income in 2025 and paid $33,107 in expenses, for net self-employment

14 income of $43,916, which averages out to $3,670 per month.

15 B. Findings and Order 16 1) The Court has been provided with several different income figures for Father. Mother has stated 17 that she believes Father earns either $8,000 per month or $6,500 per month. Father states he earns 18 $6,000 per month in wages in addition to $6,000 per month in net self-employment income as a

19 dog walker. However, the 2025 tax return attached to Father’s 8/14/2026 Income and Expense

20 Declaration does not show that Father earns any W2 income. It instead shows that in 2025 Father 21 only earned net self-employment income of $43,916, or approximately $3,670 per month. The 22 Court will use $3,670 per month in net self-employment income for Father in the XSpouse 23 calculation, together with the $812 per month in dividends and interest income reported by

24 Father.

25 2) In accordance with the Xspouse calculation attached hereto and incorporated by reference, 26 effective 2/3/2026 (the date Mother filed her Request for Order), Father shall pay Mother $214 27 per month in child support. Commencing 9/1/2026, this amount shall be paid to Mother by the 28 15th of each month.

1 3) Father owes Mother $191 in child support arrears for the period 2/3/2026–2/28/2026 and $1,284 2 for the period 3/1/2026–8/31/2026, for total child support arrears due of $1,475. Father shall pay 3 this amount to Mother no later than 9/30/2026.

4 4) Mother’s attorney shall prepare the Findings and Order After Hearing.

5 5) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 6 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 7 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 8 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 9 proposed order after hearing directly to the court. Failure to submit the order after hearing within 10 10 days may allow the other party to prepare a proposed order and submit it to the court in 11 accordance with CA Rules of Court, Rule 5.125(d). 12

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bayardo v. bayardo.xsp Xspouse 2026-1-CA

Fixed Shares Father Mother Monthly figures Cash Flow #of children 0 1 2026 Guideline Proposed % time with NCP 45.00 % 0.00 % Comb. net spendable 6768 6797 Filing status SINGLE HH/MLA GUIDELINE Percent change 0% 0% # exemptions 1 * 2 * Nets(adjusted) Father Wages+salary 0 0 Father 3637 Payment cost/benefit -214 -116 Self-employed income 3607 3337 Mother 3131 Net spendable income 3423 3520 Other taxable income 812 0 Total 6768 Change from guideline 0 98 TANF+CS received 0 0 Support Other nontaxble income 0 0 Addons % of combined spendable 51% 52% 0 New spouse income 0 0 Guideln CS % of saving over guideline 0% 344% 214 401(k) employee contrib 0 0 Total taxes 782 570 S.Clara SS 0 Adjustments to income 0 0 Dep. exemption value 0 0 Total 214 SS paid prev marriage 0 0 # withholding allowances 0w 0w - CS paid prev marriage 0 0 Net wage paycheck 0 0 Health insurance 0 0 Mother Other medical expense 0 0 Payment cost/benefit 214 145 Property tax expense 0 0 Net spendable income 3346 3276 Ded interest expense 0 0 Proposed Change from guideline 0 -69 Charitable contributions 0 0 Tactic 9 % of combined spendable 49% 48% Misc tax deductions 0 0 CS 286 Qual bus income ded 0 0 SS % of saving over guideline 0% -244% 42 Required union dues 0 0 Total Total taxes 206 389 328 Mandatory retirement 0 0 Dep. exemption value 0 0 Hardship deduction 0 * 0 * Saving 28 # withholding allowances 0w 0w Other GDL deductions 0 0 Releases 1 Net wage paycheck 0 0 Child care expenses 0 0 Released to Father

Father pays Guideline CS, 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 45 - 55 0 0 0 Father 214 Father 214 Father

45 - 55 0 0 0 Father 214 Father 214 Father

Time: 01:37:32 Superior Court of California Date: 08/26/26 County of San Francisco