Free Microsoft Word - FAM-00~1.DOC - California


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SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES
COURTHOUSE ADDRESS:

PLAINTIFF:

DEFENDANT:

CASE NUMBER

DEPARTMENT/UNIT

JUDGMENT REJECT SHEET) (FAMILY LAW)

TELEPHONE NUMBER

WE REGRET WE MUST RETURN THE JUDGMENT FOR THE REASONS CHECKED: _____Filing fee for the Petition/Response was previously waived on ______________. First appearance fee of $___________ plus an administrative fee of $___________ (pursuant to Government Code §68511.3[d]) is now due and payable. Make check payable to L.A.S.C. In the alternative, submit a new application for fee waiver and order form. _____Prior to the submission of the Judgment, the Default must be entered. In the alternative, submit a Judicial Council form FL-130, Appearance, Stipulations and Waivers [revised January 2006] signed by both parties (and their counsel, if any) and include the first appearance fee of $__________. Make check payable to L.A.S.C. _____The Court wants the matter set for hearing. Submit Los Angeles County local form FAM031, Request for Default Setting or file an appropriate motion or other proceeding to bring the matter properly before the Court. Judicial Council form FL-170, Declaration for Default or Uncontested Dissolution [revised January 2007] _____must be submitted by the Petitioner. _____must be submitted by the Respondent. _____is incomplete. Please answer the following items: _____has box 5(a) checked; submit the original marital settlement agreement with original signatures. If this is a default proceeding, the signature of the spouse who has defaulted shall be notarized. See Family Code §2338.5. _____has box 5(b)(2) checked; submit a completed Judicial Council form FL-160, Property Declaration [revised January 2007]. Judicial Council form FL-141, Declaration Regarding Service of Declaration of Disclosure & Income and Expense Declaration [revised January 2003] _____must be submitted by the Petitioner as to the Preliminary Declaration of Disclosure (the Preliminary Declaration cannot be waived). See Family Code §2104. _____must be submitted by the Respondent as to the Preliminary Declaration of Disclosure (the Preliminary Declaration cannot be waived). See Family Code §2104. _____must be submitted by the Petitioner & the Respondent as to the Final Declaration of Disclosure & Income and Expense Declaration; in the alternative, the parties may stipulate to a mutual waiver of the requirements of 2105(a) concerning the final declaration of disclosure by execution of a waiver under penalty of perjury by separate stipulation by filing Judicial Council form FL-144, Stipulation and Waiver of Final Declaration of Disclosure [revised January 2007]. Please refer to Family Code §§2105,2106. Judicial Council form FL-180, Judgment (Family Law) [revised January 2007]

Form # FAM-001 Rev 4/07

JUDGMENT REJECT SHEET (FAMILY LAW)

(Applicable Code Sections) Page 1 of 3

_____must be used as the first page _____submit an original and three complete copies _____names of the parties listed on the Judgment must be the same as listed on the Petition _____If Judgment is as to status only, submit an order of the Court (either after noticed motion or pursuant to signed stipulation to reserve jurisdiction over all other issues. See Family Code §§2337(b), 2337(6)[A&B] for further requirements. _____If Judgment is as to Legal Separation, the consent of both parties is required unless one party has not made a general appearance and the Petition is one for legal separation (Family Code §2345). _____If Judgment is as to Nullity, a hearing with live testimony is required. _____Marital status ends six months after Court acquired jurisdiction over the Respondent or when Judgment is signed by the Judicial Officer, whichever is later. Leave date marital or domestic partnership status ends blank on the front page of the Judgment. See Family Code §2339. _____Enter the correct jurisdiction date on the Judgment. Respondent was served on _________________________. _____Enter the correct jurisdiction date on the Judgment. Respondent appeared on __________________________ _____Nunc pro tunc entry of the Judgment requires an order of the Court. See Family Code §23 _____When Petitioner is a male, the Judgment cannot require the Respondent to reassume use of her previous name unless it is agreed to in the Marital Settlement Agreement or in the Stipulated Judgment. _____This judgment contains provisions for child support or family support. Attach to the original and each copy of the Judgment Judicial Council form FL-192, Notice of Rights and Responsibilities, and Judicial Council form FL-192(side 2), Information Sheet on Changing a Child Support Order [revised January 2006]. _____Specify the names and birth dates of each minor child. _____Custody/Visitation order lacks the findings required under Family Code §3048. Attach to each and every copy of the Judgment Judicial Council form FL-341, Child Custody and Visitation Order Attachment (revised July 2006) which contains all of the mandatory findings pursuant to Family Code §3048. In the alternative, include all of the mandatory findings within your judgment. _____Specify the legal custody order. Attach Judicial Council form FL-341 [revised July 2006], Child Custody and Visitation Order Attachment. _____Specify the physical custody order. Attach Judicial Council form FL-341 [revised July 2006], Child Custody and Visitation Order Attachment. _____Custody of the minor child cannot be awarded to anyone other than the Petitioner or Respondent unless the other parties (e.g. grandparents) are joined as a party to the action and indicate their desire to assume responsibility. _____Specify the visitation order. Attach Judicial Council form FL-341 [revised July 2006], Child Custody and Visitation Order Attachment. _____If visitation is supervised, attach Judicial Council form FL-341(A) [revised January 2003], Supervised Visitation Order. _____Specify amount of child support due per child per month and the total due. Attach Judicial Council form FL-342, Child Support Information and Order Attachment [revised July 2005]. _____Specify the commencement date of the child support and the date due each month. _____If the parties stipulate to the amount of child support, attach Judicial Council form FL-350 [revised July 2003], Stipulation to Establish or Modify Child Support. _____If the child support amount is more or less than guideline, attach Judicial Council form FL342(A), Non-Guideline Child Support Findings Attachment [revised January 2003]. _____Court is unable to determine guideline child support due to lack of information. File Judicial Council form FL-150, Income and Expense Declaration [revised January 2007]. _____If the right to support has been assigned to the Child Support Services Department, payment must be made through the State Disbursement Unit, P.O. Box 989067, West Sacramento, California, 95798. Attach Los Angeles County Local form FAM037, Court Trustee Attachment to Judgment/Order, as the last page of the Judgment.

Form # FAM-001 Rev 4/07

JUDGMENT REJECT SHEET (FAMILY LAW)

(Applicable Code Sections) Page 2 of 3

_____Judicial Council form FL-195, Order/Notice to Withhold Income for Child Support [revised January 2005] must be submitted with all Judgments requesting a child support award. _____ Judicial Council form FL-191, Child Support Case Registry Form [revised July 2005], completed by one of the parties, must be submitted each time an initial court order for child support, or family support or a modification of a court order for child support or family support, is filed with the court. Items 1B, 1C, 2, 5, and 6 must be completed and items 3 or 4 must be completed as appropriate. See California Rules of Court 5.330. _____The Petition requests orders as to spousal support. If an amount is being requested, attach Judicial Council form FL-343, Spousal, Partner or Family Support Order Attachment [revised January 2005]. If an amount is not being requested, include one of the following statements: Court retains jurisdiction over the issue of spousal/partner support OR Court terminates jurisdiction over the issue of spousal/partner support. _____Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration (10 years or more from the date of marriage to the date of separation). See Family Code §4336.. _____All sole and community property listed in the Petition must be disposed of in the Judgment. _____Set forth the legal description of all real property within the Judgment. DO NOT ATTACH COPIES OF DEEDS TO THE JUDGMENT. _____If this is a stipulated Judgment, both parties and counsel, if any, must sign the Judgment. The signature of the spouse who has defaulted on any stipulated judgment shall be notarized. See Family Code §2338.5. _____Wording used in the Judgment does not meet legal standards; please seek legal advice. Judicial Council form FL-190, Notice of Entry of Judgment (Family Law - Uniform Parentage) [revised January 2005] _____This form is required. Form must be completed in triplicate. _____Marital status ends six months after Court acquired jurisdiction over Respondent or when Judgment is signed by the Judicial Officer, whichever is later. Leave Effective date of termination of marital status blank. _____Submit two envelopes bearing sufficient postage addressed to each party or their attorney, if any. Other:
MAKE ALL CORRECTIONS AS LISTED ABOVE. RETURN ALL DOCUMENTS WITH THIS LETTER ATTACHED TO : IF YOU ARE UNSURE OF HOW TO COMPLETE YOUR DOCUMENTS, YOU MAY WISH TO SEEK LEGAL ADVICE. PLEASE DO NOT CALL THE COURT FOR LEGAL ADVICE; THE COURT IS PROHIBITED BY LAW TO PROVIDE ANY LEGAL ADVICE.

John A. Clarke, by __________________________, Deputy Clerk

Phone #:

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Form # FAM-001 Rev 4/07

JUDGMENT REJECT SHEET (FAMILY LAW)

(Applicable Code Sections) Page 3 of 3