SUPERIOR COURT OF CALIFORNIA

COUNTY OF SAN FRANCISCO

UNIFIED FAMILY COURT

MAGDALENA APOSTOL, ) Case Number: FDI-13-780186
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Petitioner ) Hearing Date: April 3, 2018
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VS. ) Hearing Time: 9:00 AM
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EMIL MILYAKOV, ) Department: 403
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Respondent ) Presiding: ROGER C. CHAN
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REQUEST FOR ORDER MODIFICATION OF CHILD SUPPORT, & INCREASE OF IMPUTATION OF INCOME

TENTATIVE RULING

The matter is on calendar for review of child support and Petitioner’s custody and visitation. The matter is also on calendar for Petitioner’s Request for Order to change child custody, visitation and child support (filed 1/9/18) and Request for Order for Tier 2 interviews of the child and family therapist and termination of Rally professional supervised visitation (filed 3/20/18). The Court has read and considered the pleadings, declarations, and other evidence submitted in this matter. After full consideration of these matters, and for good cause shown, the Court makes the following findings and orders:

1. Petitioner’s request for joint legal and physical custody of the minor child is DENIED. The Court

does not find that the presumption against custody pursuant to Family Code Section 3044 has been rebutted by a preponderance of the evidence at this time. This was a dependency case that required CPS intervention to remove the child from the mother. Modification of a dependency custody order requires a “substantial” change of circumstances. Heidi S. v. David H. (2016) 1 Cal.App.5th 1150. After dependency was dismissed on 10/13/16 following a change of custody to the father, Petitioner has persistently requested a modification of custody and visitation since filing her first Request for Order on 12/14/16, a mere two months later. Although Petitioner has since completed an anger management class and started family therapy with the child, she has not provided evidence regarding treatment for alcohol/substance abuse issues.

2. Petitioner’s request for spousal support is DENIED. A stipulated marital settlement agreement was placed on the record on 9/8/16 that addressed spousal support. On 10/3/17, the Court ordered Petitioner to sign the marital settlement agreement as stipulated or Respondent to file the appropriate motion for entry of judgment pursuant to Code of Civil Procedure Section 664.6.

3. Petitioner’s motion for reconsideration is DENIED as untimely.

4. Petitioner’s request for a Tier 2 interview is moot as the Court previously ordered a Tier 2

evaluation of the family therapist.

5. Petitioner’s request to modify her visitation is GRANTED in part. The Court has considered the input of the family therapist, Becky Belinsky, AMFT. The prior order for supervised visits at Rally is vacated. Petitioner may have unsupervised visitation with the minor child every Saturday from 12:00 p.m. to 4:00 p.m. in addition to the family therapy sessions with the minor child. Petitioner is responsible for all transportation to and from the visitation and family therapy sessions.

6. Petitioner’s request to modify child support is DENIED. The previous order was based on Petitioner having a 7% custodial time share, which was already higher than her actual supervised visitation schedule. The Court does not find a sufficient change of circumstances.

7. Counsel for Respondent shall prepare the order.