Amy Dayna Odessky v. Adam Odessky
Request for Order Re Spousal or Partner Support, Child Support
Motion type
Causes of action
Monetary amounts referenced
Parties
Ruling
1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4
5) 6 AMY DAYNA ODESSKY,) Case Number: FDI-25-800786) 7 Petitioner) Hearing Date: September 3, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 ADAM ODESSKY,) Department: 403) 10 Respondent) Presiding: BOBBY P. LUNA) 11) 12 REQUEST FOR ORDER RE SPOUSAL OR PARTNER SUPPORT, CHILD 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 Amy Dayna Odessky (Mother) and Respondent Adam Odessky 18 (Father).
They share three minor children: Alyssa (DOB: 2/26/14), Julian (DOB: 2/26/14), and 19 Aubrey (DOB: 1/28/20). 20 2) Per the Petition for Dissolution and Response and Request for Dissolution, the parties were 21 married on 10/26/12 and separated on 8/10/24 for a marriage of eleven years and nine months. 22 3) On 6/26/26, Father filed a Request for Order seeking modification of the 8/5/25 Stipulation and 23 Order, which provides for Father to pay $2,400 in monthly child support and $4,000 in monthly 24 spousal support, effective 8/1/26.
Father states he was laid off from his job as of 6/4/26 and seeks 25 modification of support, effective 8/1/26 (pursuant to the Stipulation and Order filed 8/5/25). 26 Attached as Exhibit B is a letter and notice regarding termination of Father’s benefits and a 27 Notice to Employee as to Change in Relationship. 28 4) On 6/26/26, Father filed an Income and Expense Declaration indicating he is unemployed as of 29 6/5/26.
1 5) On 7/17/26, the parties filed a Stipulation and Order agreeing to continue the matter from 8/27/26 2 to 9/3/26. 3 6) On 7/27/26, Mother filed a Request for Order seeking $15,000 in Family Code section 2030 4 attorney’s fees and costs to conduct limited and focused discovery into Father’s current financial 5 condition and finalize property division for global resolution. This matter is on for hearing on 6 9/17/26 at 9 AM in Dept. 403. 7 7) On 7/27/26, Mother filed an Income and Expense Declaration indicating she has been 8 unemployed since 2012. 9 8) On 7/27/26, counsel for Mother filed a declaration in support of her request for $15,000 in Family 10 Code section 2030 attorney’s fees and costs. 11 9) On 8/21/26, Mother filed a Responsive Declaration in opposition to Father’s 6/26/26 Request for 12 Order.
Mother states that pursuant to the 8/5/25 Stipulation and Order Father pays her $6,400 per 13 month ($2,400 in below-guideline child support and $4,000 in temporary spousal support minus 14 $2,505 per month in fair market rental value of the parties’ home where Mother resides). Mother 15 states Father also deducts the cost of her car insurance, which varies monthly; therefore, Mother 16 receives approximately $3,711 total per month. Mother asserts that Father’s Income and Expense 17 Declaration contains the following, plus additional, inaccuracies: item 5.a reports salary of $0 as 18 Father’s average monthly figure for the last 12 months with no attached paystubs, item 8, which 19 asks about one-time money received in the last twelve months, is blank though Father reported 20 receiving severance equal to roughly two months of pay, item 5.j, unemployment compensation, 21 is blank though Father reported receiving unemployment, and item 11 reports much less in real 22 and other property than the equity on the parties’ home.
Mother asserts that both sides are 23 conducting relevant financial discovery with responses due at the end of August and requests the 24 Court continue the hearing to a date in early November. 25 10) Father did not file a Reply Declaration. 26 B. Findings and Order 27 1) Mother’s request to continue Father’s Request for Order filed 6/26/26 (seeking modification of 28 support) and Mother’s Request for Order filed 7/27/26 (seeking Family Code section 2030 29
1 attorney’s fees and costs is GRANTED. Both matters are hereby CONTINUED to 11/5/26 at 9 2 AM in Dept. 403. 3 2) The Court is concerned that Father provided incomplete information in support of his Request for 4 Order filed 6/26/26 (seeking modification of support). Father shall file and serve a current, 5 completed Income and Expense Declaration – with all required attachments – and an update 6 declaration briefing the Court on whether he received severance pay and is receiving 7 unemployment compensation.
The documentary evidence attached as Exhibit B to Father’s 8 6/26/26 Request for Order appears incomplete. 9 3) The 8/5/25 child and spousal support order shall remain in full force and effect. 10 4) Mother’s request for an order that Father serve verified responses and produce all documents 11 responsive to Mother’s Demand for Production of Documents, Set Two on or before a date in 12 advance of the continuance is beyond the scope of this hearing pursuant to Family Code section 13 213. 14 5) Counsel for Mother shall prepare the Findings and Order After Hearing. 15 6) Preparation of Order: If you are directed by the court to prepare the order after hearing – within 16 10 calendar days of the hearing you must either: (a) Serve the proposed order to the other 17 party/counsel for approval, and follow the procedures set forth in CA Rules of Court, Rule 18 5.125(c), or (b) If the other party did not appear or the matter was uncontested, submit the 19 proposed order after hearing directly to the court.
Failure to submit the order after hearing within 20 10 days may allow the other party to prepare a proposed order and submit it to the court in 21 accordance with CA Rules of Court, Rule 5.125(d). 22
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