Erin Velez Muller v. Daniel Kirkman Muller

Here, the exchanges for the children all occur at Father’s residence. Mother (or the nanny) shoulders the responsibility for transport of the children. The Court adopts the following values for custodial time with Father: (1) December 2025 through April 2026 (six months) (18%), (2) May 2026 (21%), and (3) June 2026 going forward (24%).

The Court has considered Mother’s argument that where she is awarded “sole” physical custody, the threshold is 20% custodial time for Father. The Court observes that this is a temporary order, and Father has made clear his intention to seek increased custodial time.

With respect to monthly income, the Court applies $13,750 (Father) and $23,429 (Mother) as reported in the Income and Expense Declarations. The Court treats the funds received by Father from his family as loans as opposed to gifts based on Father’s representation that he has borrowed money from his family, signed promissory notes to repay them, and commenced repaying the loan upon receiving an annual bonus from work. See, Declaration of D. Muller dated 5/21/2026.

Father pays $98 per month for dental and vision insurance as pre-tax wage deduction. Mother pays property taxes in the amount of $1,292 per month and deductible mortgage interest in the amount of $3,198 per month. Both parties contribute to a post-tax Roth IRA which is not included in the calculations. The parties agree that Mother will claim three exemptions and Father will claim two exemptions. Mother suggests that the parties will file a joint tax return for 2026 but the Court will utilize Head of Household status for Mother and Single for Father.

Mother’s Request for Retroactive Child Support

Mother requests retroactive child support tied to the date of her filing the Petition for Dissolution and DVRO on November 26, 2025. Father opposes retroactive child support based on an inability to pay. See, Declaration of D. Muller dated 5/21/2026.

Having considered the submissions of the party, the respective financial position of the parties, and the best interests of the children, the Court adopts a retroactive date for child support of April 1, 2026, the filing date of the Request for Order.

Mother’s Request to Set Spousal Support at $0 and Father’s Request for Guideline Spousal Support

The finding of domestic abuse sufficient to support a DVRO does not automatically trigger the Family Code section 4325 presumption against awarding spousal support to a spouse who has engaged in domestic violence. Section 4325 specifically requires a criminal conviction. In re Marriage of Cauley, 138 Cal. App. 4th 1100 (2006). However, courts must consider "documented evidence of any history of domestic violence" when ordering spousal support under section 4320(i). In re Marriage of Priem, 214 Cal. App. 4th 505 (2013). Here, the issuance of a DVRO constitutes documented evidence of domestic violence that must be considered in spousal support determinations, even if it does not trigger the section 4325 presumption.

The parties were married January 4, 2021. They separated November 24, 2025, following the issuance of a Temporary Restraining Order that included a move-out provision. While both parties earn significant salaries, they both attest to having little discretionary income, dedicating available resources to supporting their children. Both parties further testify to the financial strain of going through the divorce proceedings.

Father argues that he is entitled to spousal support based on wife’s superior monthly earnings. He offers an extensive explanation as to the costs he has incurred in setting up a new residence. But he offers no explanation for how, if at all, the Court should take into account the DVRO.

Accordingly, the Court finds that, for purposes of this temporary order, spousal support is set at $0.

Mother’s Request regarding Calculation of Add-ons

The parties shall share in childcare costs expended by a party so that they may work and shall share in out-of-pocket uninsured health care costs incurred for the minor child, pursuant to Family Code section 4063. These expenses shall be shared proportionately as additional child support, with Mother paying 68% and Father paying 32%, pursuant to Family Code sections 4061 and 4062. See attached Notice of Rights and Responsibilities (Form FL-192.)

Mother’s Request for Prevailing Party Attorney’s Fees

Mother seeks prevailing party attorney’s fees in the amount of $72,533.40 associated with the DVRO. Under California Family Code section 6344, when a petitioner prevails on some but not all claims in a domestic violence restraining order (DVRO) proceeding, the court retains discretion in awarding attorney's fees based on the petitioner's prevailing party status and the respondent's ability to pay. The statute mandates that courts determine the respondent's ability to pay pursuant to section 270 before issuing any fee award, and courts must consider the respective incomes, needs, and factors affecting both parties' abilities to pay.

As a threshold matter, the Court finds that Mother is a prevailing party for purposes of section 6344. The fact that she did not prevail on all her claims (e.g., the denial of a restraining order

protecting the three children), does not alter her status as a prevailing party. The statute does not require complete success on all claims for a petitioner to qualify as a prevailing party.

Here, Father’s financial circumstances constitute a critical factor in the court's discretionary analysis. Section 6344 requires courts to determine "based upon (1) the respective incomes and needs of the parties, and (2) any factors affecting the parties' respective abilities to pay." Dragones v. Calkins, 98 Cal. App. 5th 1075 (2024). This two-pronged inquiry ensures that fee awards account for both parties' financial realities.

Courts must make specific findings regarding ability to pay. As noted in In re Marriage of Hoch, "if a court orders a party to pay attorney's fees or costs under this code, the court shall first determine that the party has or is reasonably likely to have the ability to pay." In re Marriage of Hoch, 119 Cal. App. 5th 80, 100 fn. 4 (2026).

Father’s Income and Expense Declaration indicates that he receives $13,750 a month in income. He reports estimated monthly expenses of $7,538 which includes $1,378 a month for automobile expenses. There is disagreement with respect to Father’s additional sources of income and access to funds. By way of example, Father represents that his own attorney’s fees are being paid by “family” in the form of a loan. Mother disputes this characterization, but the Court finds that Father’s family funds are indeed a loan. Based on Father’s reported income (and expenses), the Court finds that Father can pay prevailing party attorney fees subject to modification as set forth below.

The Court further finds that Mother’s request for attorney’s fees is supported by relevant evidence.

Mother’s request is supported by declarations that include detailed, itemized billing statements that illustrate an effort to segregate work performed for the DVRO from the dissolution proceeding.

In addition, Mother is represented by two counsel with billing rates of $650 and $325 an hour, respectively. The higher billing rate is consistent with market rates and approximately 11% higher than Father’s attorney’s hourly rate. The Court finds that the billing statements submitted by Mother reflect an effort to “push work down” to the lowest billing rate and capture efficiencies.

As noted above, Father’s current financial situation, however, poses a hurdle in terms of his ability to pay the $72,533.40 requested by Mother. When considered in light of the income declarations and supporting materials submitted by the parties, the Court finds that an award of prevailing party attorney’s fees paid by Father to Mother in the amount $45,000 is warranted.

Conclusion

CHILD SUPPORT

Father must pay monthly child support to Mother beginning April 1, 2026, and continuing until further order of the court, or until the child marries, dies, is emancipated, reaches age 19, or reaches age 18 and is not a full-time high school student, whichever occurs first, as follows: a. Commencing April 1, 2026, in the amount of $1,806.00 (see Exhibit A).

b. Commencing May 1, 2026, in the amount of $1,534.00_ (see Exhibit B).

c. Commencing June 1, 2026, in the amount of $1,245.00 (see Exhibit C), with attached bonus tables for each party. Parties are directed to calculate bonus child support by exchanging their end-of-year paystubs, W2s, 1099s, and other documents evidencing income by April 15 of each year for the prior year. The Court reserves jurisdiction over determination of bonus child support if the parties are unable to agree.

Child support is payable one-half on the 1st and one-half on the 15th of the month.

Notice of Rights and Responsibilities Regarding Child Support (Form FL-192) is attached and incorporated into this order.

SPOUSAL SUPPORT

Temporary spousal support is set at zero, effective April 1, 2026.

ATTORNEY’S FEES

Father is directed to pay $45,000 to Mother as and for attorney’s fees pursuant to Family Code section 6344, payable by July 20, 2026.

MOTHER’S OBJECTION TO FATHER’S LATE-FILED SUPPORT CALCULATIONS

The Court has not considered Father’s late-filed pleadings and Mother’s motion strike is therefore moot, and DENIED. Mother’s request for Family Code section 271 sanctions against Father for filing a late document is DENIED.

Any requests for relief not addressed in this Order are DENIED.

Counsel for Mother to prepare the Findings and Order After Hearing.

Parties must comply with Marin County Superior Court Local Rules, Rule 7.12(B), (C), which provide that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be

permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 7.12(C), the tentative ruling shall become the order of the court.

IT IS ORDERED that evidentiary hearings shall be in-person in Department B. For routine appearances, the parties may access Department B for video conference via a link on the court website. Litigants in the virtual courtroom are required to leave the video screen on and wait for your case to be called.

FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence.

f10002450 muller xspouse.xsp

2026 Xspouse 2026-1-CA Monthly Figures Fixed Shares Father Mother Monthly Figures Cash Flow Number of children 0 3 2026 Guideline Proposed Percent time with NCP 18.00% 0,00% Combined net spendable 26551 26919 Filing status SINGLE HH/MLA GUIDELINE Percent change 0% 1% Number of exemptions 2 3 Nets (adjusted) Father Wages and salary 13750 23429 Self employed income 0 Father 9412 Payment cost/benefit -1806 -1500 Mother 17139 Net spendable income 7606 7913

cco ooocnrocooooo Other taxable income cccCcmUcrcWChUhcO

TANF CS received Total 26551 Change from guideline 0 307 Other nontaxable income Support % of combined spendable 29% 29% Addons 0 % of saving over guideline 0% 83% New spouse income Employee 401-k contribution Guideln CS {gg ‘Total taxes. 4240 3792 User SS 0 Dep. exemption value 0: 0 Adjustments to income Total 1806 # Withholding allowances 0 0 ooo

SS paid prev marriage Net wage paycheck 8899 8899 CS paid prev marriage Health insurance Seitings changed Mother ico] co

Other medical expenses Proposed Payment cost/benefit 1806 1867 qQoeooc”rooonocno ©

Property tax expenses 1292 Tactic 9 Net spendable income 18945 19006 0

Ded interest expense 3198 Change from guideline 0 61 Contribution deduction ee aa % of combined spendable 1% 71% ©

Mise tax deductions Total 1948 % of saving over guideline 0% 17% coc

Qualified business income deduction ooo

. Total taxes 6290 6371 Required union dues Saving 368 Dep. exemption value 0 0 coco

Mandatory retirement Releases 2 4 withholding allowances 0 0 Hardship deduction Net wage paycheck 15051 15051 Other GDL deductions Child care expenses

Father pays Guideline CS, Proposed CS

FC 4055 checking: ON Per Child Information DOB Timeshare cce(F) — cce(fif) Addons Payor Basic CS Payor Pres CS Payor All children 18-82 0 0 0 Father 1,806 Father 1,806 Father Colin 2022-07-07 18 - 82 0 0 0 Father 361 Father 361 Father Gavin 2024-02-23 18 - 82 0 0 0 Father 542 Father 542 Father Shane 2024-02-23 18 - 82 0 0 0 Father 903 Father 903 Father

Superior Court of California County of Marin

f10002450 muller xspouse.xsp

2026 Xspouse 2026-1-CA Monthly Figures Fixed Shares Father Mother Monthly Figures Gash Flow Number of children 0 3 2026 Guideline Proposed Percent time with NCP 21.00% 0.00% Combined net spendable 26551 26919 Filing status SINGLE HH/MLA GUIDELINE Percent change 0% 1% Number of exemptions 2 3 Nets (adjusted) Father Wages and salary 13750 23429 Self employed income 0 Father 9412 Payment cost/benefit ~1534 -1227

2] Mother 17139 Net spendable income 7878 8185

Qoqooeooocoocoo Other taxable income co coc.cllUlcOlCh Om

co TANF CS received Total 26551 ~~ Change from guideline 0 306 Other nontaxable income Support % of combined spendable 30% 30% ooo

Addons 0 % of saving over guideline 0% 83% New spouse income Guideln CS 1534 Total taxes 4240 3792 Employee 401-k contribution User SS 0 Dep. exemption value 0 0 Adjustments to income SS paid prev marriage Total 4534 # withholding allowances 0 0 Net wage paycheck 8899 8899 CS paid prev marriage Health insurance 9 Settings changed Mother [ore]

Other medical expenses Proposed Payment cost/benefit 1534 1595 coc 2] oqgqoocrooocoo

Property tax expenses 1292 Tactic 9 Net spendable income 18673 18734 Ded interest expense 3198 Change from guideline 0 62 Contribution deduction cs “ter % of combined spendable 70% 70% oooocococeo ©

Misc tax deductions Total A676 % of saving over guideline 0% 17% Qualified business income deduction; Total taxes 6290 6371 Required union dues Saving 368 Dep. exemption value 0 0 Mandatory retirement Releases 2 # withholding allowances 0 0 Hardship deduction Net wage paycheck 15051 15054 Other GDL deductions Child care expenses

Father pays Guideline CS, Proposed CS

FC 4055 checking: ON Per Child Information DOB Timeshare cce(F} — cce(M) Addons Payor Basic CS Payor Pres CS Payor All children 21-79 0 0 0 Father 1,534 Father 1,534 Father Colin 2022-07-07 21-79 0 0 0 Father 307 Father 307 Father Gavin 2024-02-23 21-79 0 0 0 Father 460 Father 460 Father Shane 2024-02-23 21-79 0 0 0 Father 767 Father 767 Father

Superior Court of California County of Marin

f10002450 muller xspouse.xsp

2026 Xspouse 2026-1-CA Monthly Figures Fixed Shares Father Mother Monthly Figures Gash Flow Number of children 0 3 2026 Guideline Proposed Percent time with NCP 24.00% 0.00% Combined net spendable 26551 26919 Filing status SINGLE HH/MLA GUIDELINE Percent change 0% 1% Number of exemptions 2 3 Nets (adjusted) Father Wages and salary 13750 23429 Self employed income 0 0 Father 9412 Payment cost/benefit -1245 -939 Other taxable income COCO Oo Mother 17139 Net spendable income 8167 8473

& Total 26551 + Change from guideline 0 306

oqoooocnoooo TANF CS received co Other nontaxable income Support % of combined spendable 31% 31% Addons 0 % of saving over guideline 0% 83% New spouse income Employee 401-k contribution Guideln CS 4945 ‘Total taxes 4240 3792 Oc

User SS 0 Dep. exemption value 0 0 Adjustments to income Total 4945 # withholding allowances 0 0 SS paid prev marriage oOo

Net wage paycheck 8899 8899 CS paid prev marriage Health insurance 9 Settings changed Mother oc

Other medical expenses Proposed Payment cost/benefit 1245 1307 oqoeoooocooo &

Property tax expenses 1292 Tactic 9 we sponta’ neon an me oc

Ded interest expense ange from guideline lee) wo co =

Contribution deduction cS ~1388 % of combined spendable 69% 69% oooccocoo

Misc tax deductions Total SS 43880 % of saving 0, 7 over guideline j 1 0%0 17%Q, Qualified business income deduction; Total taxes 6290 6371 Required union dues Saving 368 Dep. exemption value 0 0 Mandatory retirement Releases 2 4 withholding allowances 0 0 Hardship deduction Net wage paycheck 15051 15051 Other GDL deductions Child care expenses

Father pays Guideline CS, Proposed CS

FC 4055 checking: ON Per Child information poB Timeshare cce(F) — cce(ii) Addons Payor Basic CS Payor Pres CS Payor All children 24-76 0 0 0 Father 1,245 Father 1,245 Father Colin 2022-07-07 24-76 0 0 0 Father 249 Father 249 Father Gavin 2024-02-23 24-76 0 0 0 Father 374 Father 374 Father Shane 2024-02-23 24-76 0 0 0 Father 623 Father 623 Father

Superior Court of California County of Marin

f10002450 muller xspouse.xsp Xspouse 2026-1-CA ANNUAL BONUS INCOME FATHER

Annual bonus paid to Mother

OFF (0 = default steps) Bonus amounts from: 0 to: 200000 Step: §000

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 5000 17.20 860 0.00 15805

coco Cc olccolcoclUlcrOlClcUWOWlUcUOUUCOlUO OCUCUCOCCcOCUCOUC 10000 17.17 1717 0.00 16661 15000 17.13 2569 0.00 17514 20000 17.09 3413 0.00 18363 25000 17.37 4343 0.00 19288 30000 17.59 5276 0.00 20220 35000 17.75 6212 0.00 21156 40000 17.76 7105 0.00 22050 45000 17.73 7978 0.00 22923 50000 17.70 8848 0.00 23793 55000 17.66 9714 0.00 24659

OC OCcCOCCOoO co eo co eo eoelUlcWCcUOCCcUOCUCOCCcOCcOCUCO 60000 17.51 10505 0.00 25450 65000 17.33 11264 0.00 26209 70000 17.17 12021 0.00 26966 75000 17.03 12776 0.00 27720 80000 16.91 13528 0.00 28473 85000 16.88 14349 0.00 29293 90000 16.85 15167 0.00 30111 95000 16.82 15982 0.00 30927 100000 16.79 16791 0.00 31735 105000 16.76 17597 0.00 32541 2

110000 16.73 18401 0.00 33345 115000 16.70 19202 0.00 34147 - i-inr

120000 16.65 19983 0.00 34928 125000 16.60 20744 0.00 35689 130000 16.54 21503 0.00 36448 135000 16.49 22260 0.00 37205 140000 16.44 23016 0.00 37960 145000 16.39 23770 0.00 38714 150000 16.35 24521 0.00 39466 oc

155000 16.30 25272 0.00 40216 160000 16.26 26020 0.00 40965 i

oo

165000 16.22 26769 0.00 41713 —-it-2

470000 16.19 27516 0.00 42461 o - i

175000 16.15 28262 0.00 43207 © oo

180000 16.11 29006 0.00 43951 i

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: 11:01:23 Superior Court of California Date: 06/03/26 County of Marin

10002450 muller xspouse.xsp Xspouse 2026-1-CA ANNUAL BONUS INCOME MOTHER

Annual bonus paid to Father

OFF (0 = default steps) Bonus amounts from: 0 to: 200000 Step: 5000

Additional Cost to Mother Mother's Child Support Spousal Support Total CS Total SS Bonus % of bonus $ % of bonus (adjusted)

OlUcCOUUCOULUCOULUCOUlUDH gooococicocjcooooooococicocoocilcececlcmcOCUCcUOCUCcUOCCcOCUCcUOcCUC 0 0.00 0 0.00 OR 0 5000 5.92 296 0.00 14648

OC WUC OCUCcOCCc OCC OUCODUCcUOCCcCOCUCOUUCUcOUUcOCUcUOULcOlLULCO oooocococoocoomcoeclclcocmUcCOCCCUOUcCUCCCcCOCcCcOCUCcUOlUCUODUCcUOCUcOCcUOCCc ADA ADA AAA 10000 6.13 613 0.00 14332

AADADAAA 15000 6.22 932 0.00 14012 20000 6.25 4250 0.00 13694 25000 6.27 1566 0.00 13378 30000 6.27 1880 0.00 13064 35000 6.26 2193 0.00 12752 40000 6.26 2503 0.00 12441 45000 6.25 2812 0.00 12133 50000 6.24 3119 0.00 11825 55000 6.21 3417 0.00 11527 60000 6.18 3707 0.00 11237

ADA 65000 6.15 3996 0.00 10949 70000 6.10 4268 0.00 10676 75000 6.05 4535 0.00 40409

ADA 80000 6.00 4801 0.00 10144 85000 5.96 5066 0.00 9879 AAA

90000 5.92 5329 0.00 9615 95000 5.89 5592 0.00 9353 400000 5.85 5853 0.00 9092 R 105000 5,82 6113 0.00 8831 R 110000 5.79 6370 0.00 8574 R 115000 5.76 6622 0.00 8322 R 120000 5.73 6873 0.00 8071 R 125000 5.70 7124 0.00 7821 R 130000 5.67 7373 0.00 7572 R 135000 5.65 7621 0.00 7323 R 140000 5.62 7869 0.00 7076 R 145000 5.60 8115 0.00 6829 R 150000 5.57 8361 0.00 6584 R 155000 5.55 8606 0.00 6338 R co

160000 5.53 8850 0.00 6094 R 165000 5.51 9094 0.00 5851 R ogoo

170000 5.49 9336 0.00 5608 R 175000 5.47 9579 0.00 5366 R co

180000 5.46 9821 0.00 5124 R 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: 11:02:11 Superior Court of California Date: 06/03/26 County of Marin