Fact pattern
Elena Lopez and Carlos Lopez were married in March 2014 in San Diego, California, and have two minor children together: Sofia, age eight, and Mateo, age five. Elena has been the primary caregiver throughout the marriage, working part-time as a dental hygienist while Carlos has been employed full-time as a regional sales manager for a consumer goods distributor, a position that requires approximately 40 percent travel time during peak quarters. The family resides in a home in Chula Vista, California, purchased jointly in 2018 with a current market value of approximately $680,000 and an outstanding mortgage balance of $390,000.
The couple separated in October 2025 following a period of marital difficulty. Since separation, the children have remained with Elena at the family home, and Carlos has maintained regular weekend contact when his travel schedule permits. In addition to the marital residence, the community estate includes Carlos’s 401(k) retirement account, Elena’s smaller IRA, two vehicles, and joint savings. Neither party has separate property of significant value. Both parties acknowledge the need to resolve custody, visitation, and child support, but they have not reached agreement on a parenting schedule, the division of the real property, or the appropriate levels of child and spousal support.
Elena’s monthly living expenses, including the mortgage, utilities, children’s school and activity costs, and her own healthcare, exceed her current part-time income by a meaningful margin. She is seeking temporary child and spousal support pendente lite to maintain stability for the children while the dissolution proceeding moves forward. Carlos contends that his travel schedule warrants a more flexible custody arrangement and that the income disparity between the parties should be evaluated over a longer baseline period.
Procedural posture
The Petition for Dissolution of Marriage was filed in San Diego County Superior Court in January 2026. Both parties have exchanged preliminary declarations of disclosure, and Elena has filed her Income and Expense Declaration and Property Declaration in support of a Request for Order seeking temporary custody, child support, and spousal support pendente lite. The RFO hearing is scheduled for late May 2026. The court has also ordered the parties to participate in family court mediation before the custody hearing to facilitate a proposed parenting plan.