Family Law Tentative Rulings - Courtroom 20

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1. SFL 080085 TEIJEIRO DISSOLUTION

ORDER VACATING SEPTEMBER 30, 2025 ORAL ORDER (AND THE SUBSEQUENT WRITTEN ORDER) TEMPORARILY REDUCING FATHER’S CHILD SUPPORT AMOUNT

Facts and Procedure

On May 14, 2025, Mother’s counsel (Carolyn McBeath) filed a motion for reimbursements for medical, dental and therapy expenses for the two minor children.  The motion requested reimbursement in the amount of $3791.39, to be added on to the current child support until paid in full.  At the July 8, 2025 hearing on that motion, the trial court granted the request for reimbursement, and further ordered that payment on the reimbursement would be stayed until the next hearing (September 9, 2025) due to Father’s unemployment.  When the matter was called on September 9, 2025, the parties agreed to continue the matter to September 30, 2025.

Prior to the September 30, 2025 hearing, neither Mother nor Father filed any request for modification of child support.

 At the September 30, 2025 continued hearing on the reimbursement issue, Ms. McBeath had a colleague (Stephanie Ransom) appear for her, as Ms. McBeath was unable to attend.  At the hearing, the Court and the parties discussed Father’s employment status, his contractors’ license, and his income.  Despite the fact that Father had not filed any motion for modification of child support before the hearing, the trial court issued an order temporarily modifying Father’s child support obligation to $500/month, beginning October 1, 2025, with arrears payments to be $50/month.

The oral orders were followed up with written orders on October 13, 2025.

Motion

Pursuant to Family Code section 3690 and 3691, Mother moves to vacate the September 30, 2025 order modifying Father’s child support obligation.  Mother argues that, because there was no “valid motion” (with documentation) for child support modification that was made prior to the September 30th hearing, the trial court lacked jurisdiction to modify child support at the hearing.  Mother further argues that she was not provided with adequate notice and opportunity to defendant against the trial court’s modification order in light of the fact that no modification “motion” had been filed by Father prior to the hearing.

Father (who is self-represented) has not filed any Opposition to the motion to vacate.

The Sonoma County DCSS (represented by attorney Jennifer Obergfell) file a responsive declaration to the motion to vacate.  However, it is not entirely clear whether DCSS supports, opposes, or takes no position on the motion to vacate.  The Court notes that DCSS’s responsive declaration states that: “DCSS does not believe the issue of current support was plead to be before the court on September 30, 2025.”  Thus, at minimum, it appears that DCSS concedes that there was no motion pending for child support modification prior to the September 30th hearing.

Discussion:

Family Code section 3691 provides:

       “The grounds and time limits for an action or motion to set aside a support order, or part thereof, are governed by this section and shall be one of the following:

A.  Actual fraud. Where the defrauded party was kept in ignorance or in some other manner, other than through the party's own lack of care or attention, was fraudulently prevented from fully participating in the proceeding. An action or motion based on fraud shall be brought within six months after the date on which the complaining party discovered or reasonably should have discovered the fraud.

B.  Perjury. An action or motion based on perjury shall be brought within six months after the date on which the complaining party discovered or reasonably           should have discovered the perjury.

C. Lack of Notice.

(1)  When service of a summons has not resulted in notice to a party in time to defend the action for support and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event later than six months after the party obtains or reasonably should have obtained notice

A. of the support order, or (B) that the party's income and assets are subject to attachment pursuant to the order.

(2) A notice of motion to set aside a support order pursuant to this subdivision shall be accompanied by an affidavit showing, under oath, that the party's lack of notice in time to defend the action was not caused by avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.

(3) The court may not set aside or otherwise relieve a party from a support order pursuant to this subdivision if service of the summons was accomplished in accordance with existing requirements of law regarding service of process.”

 California Rules of Court, Rule 5.260 requires that parties to support modification proceedings include a current, completed Income and Expense declaration, that is filed and served on all parties.

Rule 5.260 further provides:

            “(c) Request to change prior support orders

The supporting declaration submitted in a request to change a prior child, spousal, or domestic partner support order must include specific facts demonstrating a change of circumstances. No change of circumstances must be shown to change a previously agreed upon child support order that was below the child support guidelines.

(d) Notification to the local child support agency

The party requesting court orders must provide the local child support agency timely notice of any request to establish, change, or enforce any child, spousal, or domestic partner support order if the agency is providing support enforcement services or has intervened in the case as described in Family Code section 17400.”

  Family Code section 3690 states in relevant part:

            “(a) The court may, on any terms that may be just, relieve a party from a support order, or any part or parts thereof, after the six-month time limit of Section 473 of the Code of Civil Procedure has run, based on the grounds, and within the time limits, provided in this article.

(b) In all proceedings under this division, before granting relief, the court shall find that the facts alleged as the grounds for relief materially affected the original order and that the moving party would materially benefit from the granting of the relief.”

The motion to vacate the September 30, 2026 child support modification order is GRANTED.  The Court finds that, pursuant to Family Code section 3691(c), set aside relief is appropriate on the grounds that Mother was not provided adequate notice and opportunity to be heard regarding the child support modification order that was issued at the September 30, 2025 hearing – which was on calendar for a completely different purpose.  Although the parameters of obtaining relief pursuant to Family Code section 3691(c) are not entirely clear, this Court finds the statutory language broad enough to cover the situation where a modification of child support is made by the trial court without adequate notice and opportunity to be heard, regardless of whether service of the summons and complaint was made pursuant to statutory requirements for service of the summons and complaint.  Furthermore, Father’s lack of compliance with CRC 5.260’s requirements regarding filing and serving of Income and Expense declarations in support of a child support modification order is additional grounds for vacating the order.  The general rule is that, without current financial information, the court properly denies a support modification order outright because it cannot “fairly and accurately determine whether a material change of circumstances [has] occurred and whether modification [is] warranted.  Marriage of Tydlaska (2003) 114 Cal.App.4th 572, 576. 

Furthermore, to the extent that, even if set-aside relief is somehow not available under Family Code section 3691’s “Lack of Notice” provision, this Court finds that it has inherent authority to vacate the order on the grounds that Mother’s “due process” rights were violated when the trial court issued what appears to be a sua sponte order modifying Father’s child support obligations without providing Mother’s attorney adequate notice and opportunity to defend against the trial court’s sua sponte order.

The September 30, 2025 order temporarily reducing Father’s child support obligation is VACATED, as is the subsequent written order reducing child support that was filed on October 13, 2025. However, the other orders issued orally on September 30, 2025 and issued in writing on October 13, 2025 shall remain in place.  This Court is ONLY vacating the child support modification order(s).

The prevailing party shall prepare and serve a proposed order consistent with this tentative ruling within five days of the date set for argument of this matter. Opposing party shall inform the preparing party of objections as to form, if any, or whether the form of order is approved, within five days of receipt of the proposed order. The preparing party shall submit the proposed order and any objections to the court in accordance with California Rules of Court, Rule 3.1312.

  It is so ORDERED.