Jana Sabo v. Eric Osmolinski

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

5) 6 JANA SABO,) Case Number: FDI-25-801763) 7 Petitioner) Hearing Date: August 27, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ERIC OSMOLINSKI,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 REQUEST FOR ORDER OF CHILD CUSTODY, SPOUSAL OR PARTNER SUPPORT, ATTORNEY 13 FEES AND COSTS 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 Jana Sabo (Mother) and Respondent Eric Osmolinski (Father) married on 2/19/2011. 19 Mother contends the parties separated on 8/1/2025, for a marriage of 14 years and 5 months. 20 Father states the date of separation is in November 2023, for a marriage of 12 years and 9 months. 21 The parties have three minor children, Jacob (DOB: 7/25/2011, age 14), Julian (DOB: 3/21/2014, 22 age 12), and Lucas (DOB: 2/14/2016, age 10).

Mother is represented by attorney Joseph 23 Willmore. Father is represented by attorney Katy Gasparini. 24 2) There is currently a trial pending before the Honorable Judge Gold in related Case No. FDV-26- 25 819044 on Mother’s Request for Domestic Violence Restraining order to protect herself and the 26 minor children against Father. Three days of trial occurred on 7/1/2026, 7/22/2026, and 27 7/28/2026. On 7/28/2026. Two additional days of trial are scheduled to occur on 10/1/2026 and 28 12/3/2026. 29

1 3) A 1st Amended Temporary Restraining Order (TRO) in was filed 4/29/2026 in the related FDV 2 case which protects Mother and the parties’ minor children against Father. Among other orders, 3 the TRO requires Father to move out of the residence located at 2442 Larkin St. San Francisco,

4 CA 94109, grants Mother temporary legal and physical custody of the children, and grants Father

5 unsupervised visitation time with the children on alternate weekends from Friday 7 PM to Sunday 6 7 PM. 7 4) On 4/17/2026, Mother filed the instant Request for Order seeking guideline child support, 8 temporary guideline spousal support, and $50,000 in need-based attorney’s fees and costs.

9 Mother states the parties’ marital standard of living was in the top 1%. Mother states Father earns

10 $1.7 million annually as an oral surgeon whereas she earns $573,428 annually as a self-employed 11 dentist. Mother states she currently cannot work because Father dislocated her jaw and knocked 12 out a tooth and her jaw is wired shut. 13 5) On 3/27/2026, Mother filed an Income and Expense Declaration. Mother states that she is 48

14 years old. Mother estimates that Father earns $141,941 per month (i.e. $1,703,292 annually)

15 based on her personal knowledge of work performed as an oral surgeon as well as her personal 16 knowledge of K-1s and prior tax returns. Mother states she earns $47,785 per month (i.e., 17 $573,420 annually) in net self-employment income as a dentist. Mother states that her monthly 18 expenses total $62,930, which includes $21,000 per month for mortgage, $8,800 per month for au

19 pair, $2,400 per month for groceries, $9,500 per month for school tuition, and $6,600 for camps

20 and extracurricular activities for the children plus special services. Mother states that she has 21 $50,000 in cash savings, $40,000 in easily saleable investments, and her estimate of the total 22 value of the marital estate is $8 million. Mother lists the following debts: $16,000 for Honda, 23 $28,000 for Porsche, and $45,000 in credit card debt. Mother attached her K-1s for 2023 and

24 2024. Mother states that she has paid her attorney $14,500 to date using savings and that she does

25 not currently owe any amount to her attorney. 26 6) On 5/19/2026, Mother’s attorney Joseph Willmore filed a declaration stating that he has 13 years 27 of experience as a family lawyer, is a Certified Family Law Specialist, and he charges $525 per 28 hour. Mr. Willmore states Mother has incurred $11,197.40 in fees and costs thus far and he

29 anticipates an additional $50,000 in fees including multiple hearings on the restraining order,

1 child custody, spousal support, issues concerning occupancy and sale of the marital residence, 2 meet-and-confer efforts, review of responsive pleadings, correspondence, preparing for 3 hearing(s), hearing(s), evidentiary hearing(s), trial, preparing orders and Judgment.

4 7) On 6/25/2026, Father filed a Responsive Declaration asking that the Court deny or reserve

5 jurisdiction on temporary spousal support until Mother has provided current profit and loss 6 statements, balance sheets, and related business records for her two dental practices. Father states 7 the Court should reserve jurisdiction on child support because custody and parenting time will 8 likely change after the domestic violence proceedings conclude on 7/28/2026. Father states the

9 Court should deny Mother’s request for attorney’s fees because she has not demonstrated need or

10 a meaningful disparity in access to funds. Father states that he is currently paying $21,500 per 11 month for carrying costs for the family home where Mother exclusively resides with the children. 12 Father also states that Mother omitted mention of the $8,500 per month she receives from IHSS 13 as the caregiver of their special needs child Lucas.

14 8) On 6/26/2026, Father filed an Income and Expense Declaration. Father states that he is 48 years

15 old. Father estimates that Mother earns $56,285 per month (i.e. $675,420) based on the $47,785 16 per month that Mother reports earning plus “$8,500 IHHS income not disclosed.” Father states 17 that the parties have three properties (two in Hawaii and one in Las Vegas) that generate a loss 18 each month. Father states that he earns $104,333 in net self-employment income per month as an

19 oral and maxillofacial surgeon. Father states that his monthly revenue decreased over the past 12

20 months by $25,000 to $30,000 per month due to “changes in ownership, patient flow, and 21 referrals at multiple dental offices where I practice.” Father states that he has $9,000 in cash 22 savings, $563,000 in easily saleable investments, and the parties own $8.5 million in equity in 23 various real properties. Father states his monthly expenses total $82,295, which includes $21,500

24 for mortgage for the family residence, $18,000 for rent for himself, $3,500 in anticipated

25 childcare, and $26,000 for personal expenses charged to his credit card. Father states he has paid 26 $17,810 to his attorney to date using “earnings” and he still owes his attorney $500. 27 9) On 7/7/2026, Mother filed a Reply Declaration reiterating her original requests for order, with 28 support retroactive to 4/1/2026. Mother requests that the Court use $141,941 for Father’s monthly

29 net self-employment income in a support calculation. Mother states the domestic violence trial is

1 anticipated to be four days in length and is “not scheduled to conclude until October 2026.” 2 Mother states Father has made no voluntary support payments and has contributed “nothing” 3 towards expenses for childcare (au pair), private school tuition, extracurricular activities, camps,

4 and special services, which Mother states total $29,800 per month. Mother states that Father

5 purchased a new home in Hawaii on 4/26/2026 with a purchase price of $1.9 million, with a 6 $700,000 down payment, which Mother states is a breach of Father’s fiduciary duty to the 7 community. Mother also states Father failed to attach a “single K-1” to his Income and Expense 8 Declaration and only provided a ”very deficient document that he purports to be his Profit & Loss

9 Statement” which covers a mere 5 month period between January and May 2026. Mother also

10 states Father failed to provide a balance sheet. Mother states that “officer salary” ($80,000) 11 should be added back to Father’s income as well as a $5,502 for “ask my accountant” because it 12 is “not a valid deduction.” Mother states that her most recent Income and Expense Declaration 13 provides three years of K-1s and her most recent P&L. Mother attached to her Reply Declaration

14 a K-1 for Father for 2024 which Mother states shows Father’s “actual income of $141,931” per

15 month. 16 10) On 7/7/2026, Mother filed an updated Income and Expense Declaration which now specifies that 17 Father has paid the mortgage on the marital home (where Mother exclusively resides with the 18 children) of $21,000 per month since March 2026. Mother also states that she has now paid her

19 attorney $58,000 using savings, income, and credit. Mother now attaches a K-1 for 2025, a

20 balance sheet for 2025, and a Profit and Loss Statement for 2025. Mother also attaches earnings 21 statements from IHSS which show $46,340.75 in total net pay as of 5/31/2026 (i.e., $9,268 per 22 month). 23 11) At the prior 7/9/2026 hearing, the Court made the following orders:

24 a. The Court finds good cause to continue the hearing on Mother’s Request for Order filed

25 4/17/2026 to 8/27/2026 for the following reasons: 26 i. The domestic violence trial is currently scheduled to end on 7/28/2026, which 27 may impact timeshare. 28 ii. Neither party filed a Statement of Support Calculations, as required by San

29 Francisco Local Rule 11.7(A)(2)(b)

1 iii. Mother provided new substantive information in her pleadings filed on 2 7/7/2026 3 iv. The Court needs additional information for Father.

4 b. At least 20 calendar days prior to the next hearing date, Father shall file and serve an

5 updated Income and Expense Declaration which includes as attachments his balance 6 sheets for 2024 and 2025, K-1 for 2025, and an updated Profit and Loss Statement for 7 2026. 8 c. At least 10 calendar days prior to the next hearing date, both parties shall file and serve a

9 Statement of Support Calculations which shall include as an attachment a proposed

10 XSpouse calculation. Father shall address in his Statement of Support Calculations 11 Mother’s request that “officer salary” be added back to Father’s income as well as fees 12 for “ask my accountant.” 13 d. Between now and the date of the new hearing, Father shall continue to pay for the

14 carrying costs for the marital residence where Mother resides and the parties shall share

15 equally the following expenses for the children that are currently due or that become due 16 for payment between now and the date of the new hearing, subject to reallocation at the 17 next hearing date: 18 i. Private school tuition;

19 ii. Extracurricular activities;

20 iii. Camps; 21 iv. Childcare so either party can work (including au pair). 22 12) On 8/21/2026, Father filed a Statement of Support Calculations. Father asks the Court to continue 23 the determination of support until completion of the DVRO trial. Nevertheless, Father included

24 an XSpouse calculation which shows the following monthly support figures: $13,098 in child

25 support and $4,020 in temporary spousal support, for a total of $17,118. Father also states that 26 Mother has not provided the information necessary for him to determine and pay his share of the 27 children’s private school tuition, extracurricular activities, camps, and work-related childcare. 28

1 13) On 8/24/2026, Mother filed a Statement of Support Calculations which includes an XSpouse 2 calculation which shows the following monthly support figures: $21,953 in child support and 3 $14,351 in temporary spousal support, for a total of $36,304.

4 14) The difference in the parties’ two support calculations stems from Father’s use of $106,407 in

5 monthly net self-employment income (which is what Father states he has earned on average this 6 year) and Mother’s use of $181,570 in monthly net self-employment income (which is what 7 Father reported in his 2025 tax return). Father states that his 2025 – 2026 decrease in income 8 stems from “changes in ownership, patient flow, and referral practices at the offices where he

9 practices.” Father also states that his financial records also “reflect a substantial recent payment

10 of corporate state income taxes.” Mother did not address Father’s claim that his income available 11 for support decreased this year. 12 B. Findings and Order 13 1) The Court will use Father’s current reported average monthly net self-employment income figure

14 of $106,407 per month to calculate base guideline child and temporary spousal support, and will

15 subject any income he earns above that amount to a Smith / Ostler order, as set forth below. 16 2) Effective 4/17/2026 (the date Mother filed her Request for Order), in accordance with the 17 XSpouse calculation attached hereto and incorporated by reference, Father shall pay to Mother 18 base guideline child support of $13,104 per month and base guideline temporary spousal support

19 of $4,057 per month, for a total of $17,160 per month.

20 3) Commencing 9/1/2026, Father shall pay base support to Mother in full no later than the 5th of 21 each month. 22 4) Effective 4/17/2026, the parties shall share equally the following child support add-ons: 23 a. Uninsured healthcare expenses for the children;

24 b. Childcare so either party can work (including au pair).

25 c. Private school tuition; 26 d. Extracurricular activities; and 27 e. Camps. 28 5) Commencing 9/1/2026, the order set forth in the Amended Temporary Restraining Order filed

29 4/29/2026 requiring Father to pay the mortgage for the residence in which Mother resides in the

1 amount of $21,000 per month is suspended, and Father shall have no further obligation under the 2 4/29/2026 Temporary Restraining Order to pay the mortgage for the residence where Mother 3 resides.

4 6) Commencing 9/1/2026, the procedure for requesting and paying reimbursements for uninsured

5 healthcare expenses for the children shall be as set forth in Judicial Council Form FL-192. 6 7) Commencing 9/1/2026, the procedure for requesting and paying reimbursements for qualifying 7 childcare costs, private school tuition, extracurricular activities, and camps shall be as follows. 8 When a party (e.g. Party A) pays for a qualifying expense, within 30 days of paying the expense,

9 Party A shall present to Party B: (a) an itemized statement of charges, (b) proof of payment, and

10 (c) the amount due and owing from Party B. Within 10 days of receiving this information, Party 11 B shall submit a payment to Party A for Party B’s share of the expense. 12 8) The parties shall meet and confer to determine any child and temporary spousal support arrears 13 and credits due and owing between the parties, including any arrears and credits due and owing

14 for child support add-ons for the period 4/17/2026 – 8/31/2026. Payments Father made to the

15 mortgage between April 2026 and August 2026 shall be credited against any child and temporary 16 spousal support, and child support add-on, arrears Father may owe. The Court’s jursidiction over 17 this issue is reserved. If the parties are unable to reach an agreement regarding this issue, either 18 party may file a new Request for Order.

19 9) Effective 4/17/2026, the parties shall pay Smith/Ostler child and temporary spousal support on

20 net self-employment income earned above their respective base monthly net self-employment 21 income amounts, in accordance with the Bonus Reports attached to the XSpouse report. The 22 parties shall conduct an annual true-up to determine any Smith/Ostler child and temporary 23 spousal support owed. Commencing 4/30/2027, no later than April 30th of each year, the parties

24 shall exchange Profit and Loss Statements and Schedule Cs for the immediately preceding year.

25 The parties shall thereafter meet and confer regarding the amount of Smith/Ostler child and 26 temporary spousal support owed, which shall be paid no later than May 30th. The first true-up 27 shall occur in April 2027 and shall encompass income earned between April 2026 through 28 December 2026.

1 10) A review hearing is set for Thursday, 1/14/2027 at 9:00 AM in Dept. 404 (after the DVRO 2 hearing concludes) to review temporary spousal and child support in light of any change in 3 Father's timeshare and/or any material changes to either party's net self-employment income. At

4 least 25 calendar days prior to the next hearing date, both parties shall file and serve updated

5 Income and Expense Declarations, which shall include as attachments Profit and Loss Statements 6 for 2026. At least 10 calendar days prior to the next hearing date, both parties shall file and serve 7 update declarations outlining their requested orders, as well as proposed Statements of Support 8 Calculation.

9 11) Mother’s attorney shall prepare the Findings and Order After Hearing, which shall include as

10 attachments an FL-342 form, the XSpouse calculation, the Bonus Table, and the FL-192 form. 11 12) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 12 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 13 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 14 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 15 proposed order after hearing directly to the court. Failure to submit the order after hearing within 16 10 days may allow the other party to prepare a proposed order and submit it to the court in 17 accordance with CA Rules of Court, Rule 5.125(d). 18

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26

sabo v. osmolinski xspouse.xsp Xspouse 2026-1-CA

Fixed Shares Father Mother Monthly figures Cash Flow #of children 0 3 2026 Guideline Proposed % time with NCP 14.00 % 0.00 % Comb. net spendable 87876 87876 Filing status SINGLE HH/MLA GUIDELINE Percent change 0% 0% # exemptions 1 * 4 Nets(adjusted) Father Wages+salary 0 0 Father 55303 Payment cost/benefit -17160 -17160 Self-employed income 106407 47785 Mother 32573 Net spendable income 38143 38143 Other taxable income 0 9268 Total 87876 Change from guideline 0 0 TANF+CS received 0 0 Support Other nontaxble income 0 0 Addons % of combined spendable 43% 43% 0 New spouse income 0 0 Guideln CS % of saving over guideline 0% 0% 13104 401(k) employee contrib 0 0 Total taxes 51104 51104 S.Clara SS 4057 Adjustments to income 0 0 Dep. exemption value 0 0 Total 17160 SS paid prev marriage 0 0 # withholding allowances 0w 0w - CS paid prev marriage 0 0 Net wage paycheck 0 0 Health insurance 0 700 Mother Other medical expense 0 0 Payment cost/benefit 17160 17160 Property tax expense 0 0 Net spendable income 49733 49733 Ded interest expense 0 0 Proposed Change from guideline 0 0 Charitable contributions 0 0 Tactic 9 % of combined spendable 57% 57% Misc tax deductions 0 0 CS 13104 Qual bus income ded 0 0 SS % of saving over guideline 0% 0% 4057 Required union dues 0 0 Total Total taxes 23780 23780 17160 Mandatory retirement 0 0 Dep. exemption value 0 0 Hardship deduction 0 * 0 * Saving 0 # withholding allowances 0w 0w Other GDL deductions 0 0 Releases 0 Net wage paycheck 0 0 Child care expenses 0 0

Father 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 14 - 86 0 0 0 Father 13104 Father 13104 Father

14 - 86 0 0 0 Father 2621 Father 2621 Father 14 - 86 0 0 0 Father 3931 Father 3931 Father 14 - 86 0 0 0 Father 6552 Father 6552 Father

Time: 13:52:41 Superior Court of California Date: 08/26/26 County of San Francisco

sabo v. osmolinski xspouse.xsp Xspouse 2026-1-CA ANNUAL BONUS INCOME FATHER

Annual bonus paid to Mother 0

OFF (0 = default steps) Bonus amounts from: 0 to: 500000 Step: 10000

Additional Cost to Father Father's Child Support Spousal Support Total CS Total SS Bonus % of bonus $ % of bonus $ (adjusted) 0 0.00 0 0.00 0 0 0 10000 12.13 1213 13.77 1377 158457 50057 20000 12.12 2424 13.77 2754 159669 51434 30000 12.12 3636 13.77 4132 160881 52812 40000 12.12 4847 13.77 5510 162092 54190 50000 12.11 6057 13.78 6888 163302 55568 60000 12.11 7267 13.78 8268 164512 56948 70000 12.11 8477 13.78 9647 165721 58327 80000 12.11 9686 13.78 11027 166930 59707 90000 12.10 10894 13.79 12407 168139 61087 100000 12.10 12102 13.79 13788 169347 62468 110000 12.10 13310 13.79 15169 170555 63849 120000 12.10 14517 13.79 16551 171762 65231 130000 12.10 15724 13.79 17933 172968 66613 140000 12.09 16930 13.80 19315 174175 67995 150000 12.09 18136 13.80 20698 175380 69378 160000 12.09 19341 13.80 22081 176586 70761 170000 12.09 20546 13.80 23465 177791 72145 180000 12.08 21750 13.80 24849 178995 73529 190000 12.06 22913 13.78 26185 180158 74865 200000 12.02 24041 13.74 27483 181286 76163 210000 11.99 25169 13.71 28781 182414 77461 220000 11.95 26297 13.67 30080 183541 78760 230000 11.92 27424 13.64 31378 184669 80058 240000 11.90 28551 13.62 32677 185795 81357 250000 11.87 29677 13.59 33977 186922 82657 260000 11.85 30803 13.57 35277 188048 83956 270000 11.83 31929 13.55 36576 189174 85256 280000 11.81 33055 13.53 37877 190299 86557 290000 11.79 34180 13.51 39177 191425 87857 300000 11.77 35305 13.49 40478 192549 89158 310000 11.75 36429 13.48 41779 193674 90459 320000 11.74 37553 13.46 43081 194798 91761 330000 11.72 38677 13.45 44382 195922 93062 340000 11.71 39801 13.44 45684 197046 94364 350000 11.69 40924 13.42 46987 198169 95667 360000 11.68 42047 13.41 48289 199292 96969 Cost is an increase in support paid or a decrease in support received by this spouse R = recipient of support Bonus income may reverse direction of CS and/or SS

Time: 13:53:14 Superior Court of California Date: 08/26/26 County of San Francisco

sabo v. osmolinski xspouse.xsp Xspouse 2026-1-CA ANNUAL BONUS INCOME MOTHER

Annual bonus paid to Father 0

OFF (0 = default steps) Bonus amounts from: 0 to: 500000 Step: 10000

Additional Cost to Mother Mother's Child Support Spousal Support Total CS Total SS Bonus % of bonus $ % of bonus $ (adjusted) 0 0.00 0 0.00 0 0 R 0 R 10000 3.06 306 18.28 1828 156939 R 46852 R 20000 3.00 601 18.00 3601 156644 R 45079 R 30000 2.98 895 17.91 5374 156349 R 43306 R 40000 2.97 1189 17.87 7148 156056 R 41532 R 50000 2.96 1481 17.85 8923 155764 R 39757 R 60000 2.95 1773 17.83 10699 155472 R 37981 R 70000 2.95 2063 17.82 12476 155181 R 36204 R 80000 2.94 2353 17.82 14253 154892 R 34427 R 90000 2.94 2642 17.81 16032 154603 R 32648 R 100000 2.93 2930 17.81 17811 154315 R 30869 R 110000 2.92 3217 17.81 19590 154027 R 29090 R 120000 2.92 3504 17.81 21371 153741 R 27309 R 130000 2.91 3789 17.81 23152 153455 R 25528 R 140000 2.91 4074 17.81 24934 153171 R 23746 R 150000 2.91 4358 17.81 26717 152887 R 21963 R 160000 2.90 4641 17.81 28500 152604 R 20180 R 170000 2.90 4924 17.81 30285 152321 R 18395 R 180000 2.89 5205 17.82 32069 152040 R 16611 R 190000 2.89 5486 17.82 33855 151759 R 14825 R 200000 2.88 5754 17.78 35562 151491 R 13118 R 210000 2.86 6016 17.73 37237 151229 R 11443 R 220000 2.85 6277 17.69 38913 150968 R 9767 R 230000 2.84 6538 17.65 40589 150707 R 8091 R 240000 2.83 6798 17.61 42266 150447 R 6414 R 250000 2.82 7057 17.58 43943 150188 R 4737 R 260000 2.81 7316 17.55 45621 149929 R 3059 R 270000 2.81 7574 17.52 47299 149671 R 1381 R 280000 2.80 7832 17.39 48680 149413 R 0 290000 2.79 8089 16.79 48680 149156 R 0 300000 2.78 8345 16.23 48680 148900 R 0 310000 2.77 8601 15.70 48680 148644 R 0 320000 2.77 8856 15.21 48680 148388 R 0 330000 2.76 9111 14.75 48680 148134 R 0 340000 2.75 9365 14.32 48680 147880 R 0 350000 2.75 9615 13.91 48680 147629 R 0 360000 2.74 9863 13.52 48680 147382 R 0 Cost is an increase in support paid or a decrease in support received by this spouse R = recipient of support Bonus income may reverse direction of CS and/or SS

Time: 13:54:10 Superior Court of California Date: 08/26/26 County of San Francisco