Free FAMILY LAW STIPULATION AND ORDER - California


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http://www.yubacourts.org/Forms/Family/FL07060.pdf

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SUPERIOR COURT OF CALIFORNIA COUNTY OF YUBA 215 FIFTH STREET, SUITE 200 MARYSVILLE, CA 95901 (530) 749-7600

FOR COURT USE ONLY

In the Matter of: _______________________________________________ Petitioner and _______________________________________________ Respondent FAMILY LAW STIPULATION AND ORDER
Petitioner Respondent Claimant present present present not present not present not present present represented by Attorney: represented by Attorney: represented by Attorney:
CASE NUMBER:

Minor's Counsel

not present

THE PARTIES HEREBY STIPULATE AND AGREE as follows: 1. CHILD CUSTODY: This Court has jurisdiction to make child custody orders under the Uniform Child Custody Jurisdiction and Enforcement Act (California Family Code § 3400, et. seq.) The responding party was given notice and an opportunity to be heard as provided by the laws of the State of California. The country of habitual residence of the child(ren) is the United States of America or other: (Family Code § 3048.) The parties agree to the following custody arrangement: Legal custody: Physical custody: follows: joint joint sole to sole to petitioner petitioner respondent. respondent. is set as

Parenting Time/Visitation

is set forth in the Mediated Agreement which is attached hereto;

Absent written agreement, a parent intending to change the residence of a child for more than 30 days will provide the other parent at least 45 days advance notice of the proposed change in residence. Neither party shall remove a child from the State of California for purposes of changing a child's residence without written agreement from the other party or court order. Both parties shall file with the Court, and serve on the other party within 10 days, an appropriate pleading advising of any changes in income, place of residence, and/or change in employment, including the new address and phone number.

Yuba County Superior Court Adopted 3/12/07

Family Law Stipulation and Order

FL07060 Page 1 of __

Matter of: _______________________________ and __________________________________

CASE NUMBER:

2.

CHILD SUPPORT:

Petitioner

Respondent will pay to the other party a total of $

per month as and for the support of the minor child(ren), allocated as follows: Name of Child Age Support Amount

beginning on (date)

, and payable on the

day of each month by wage

assignment and payable directly to the other party until wage assignment is effective. All child support payments shall continue 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. The parties acknowledge that they are fully informed of their rights concerning child support, including the right to have child support awarded in accordance with legislatively determined guidelines. The parties declare that (i) this order is being agreed to without coercion or duress; (ii) the agreement is in the best interests of the child(ren) involved and (iii) the needs of the child(ren) will be adequately met by the stipulated amount. The right to support has not been assigned to a county pursuant to Welfare and Institutions Code §11477 and no public assistance application is pending. Computerized guideline support calculation attached. If a child support payment is made to the local child support agency (Yuba County Department of Child Support Services hereinafter "DCSS"), the parties also shall notify DCSS and the other parent of any change in the name and address of his or her current employer (Family Code § 4014.) Petitioner Respondent Both parents will maintain for the benefit of the minor child(ren) health care coverage available at reasonable cost through employment. The parties will pay equally all non-covered medical, dental, vision, and the following (check applicable boxes): prescription, orthodontic, mental health care charges reasonably incurred on behalf of the minor child(ren). As additional child support, the parties will pay costs of day care incurred to permit employment or reasonably necessary job training as follows: Petitioner must pay: % of total or $ per month child care costs. Respondent must pay: % of total or $ per month child care costs. The current cost is: $ . Costs to be paid as follows: payment made directly to provider; payment made through a wage and assignment order; payment made directly to petitioner respondent.
Yuba County Superior Court Adopted 3/12/07 Family Law Stipulation and Order Page __ of __

Matter of: _______________________________ and __________________________________

CASE NUMBER:

3.

SPOUSAL/PARTNER SUPPORT: month payable on the day and one-half (½) on the payable by wage assignment.

Petitioner

Respondent will pay the other party $ payable one-half (½) on the

per

day of each month, (or

day of each month) starting (date)

This is a temporary spousal support order. Spousal/Partner Support is payable until the death of either party, the remarriage of the recipient, registration of new partnership, or further order of the Court. 4. ATTORNEY'S FEES AND COSTS. The parties agree that the other party and $ payable at the rate of $ the other party's attorney the sum of $ on account of costs, payable by (date) per month commencing (date) . petitioner respondent will pay to on account of attorney's fees

The entire balance will become due if any payment is not made within ten days of the due date. 5. PROPERTY RESTRAINT. Each party is restrained from transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, whether community, quasicommunity, or separate, except in the usual course of business or for the necessities of life. Each party is restrained from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage (including life, health, automobile, and disability) held for the benefit of the parties or their minor child(ren). Neither party will incur any debts or liabilities on which the other may be held responsible, other than in the ordinary course of business or for the necessities of life. EXCLUSIVE USE OF PROPERTY. Petitioner Respondent will receive the exclusive temporary use and possession of the following described property subject to the following described conditions, if any:

6.

7.

OTHER ORDERS OR

STIPULATIONS:

Yuba County Superior Court Adopted 3/12/07

Family Law Stipulation and Order

Page __ of __

Matter of: _______________________________ and __________________________________

CASE NUMBER:

CONTINUATION OF OTHER ORDERS OR

STIPULATIONS:

Hearing date is continued to

at

am

pm.

SIGNATURE OF PARTIES
I have read the entire stipulation and agreement consisting of pages. I understand it fully and request that this stipulation and agreement be incorporated by the Court as its order. I agree that the Court will reserve jurisdiction over all matters before the Court not resolved by this agreement. I understand that willful failure to comply with the provisions of this order may constitute contempt of court and may be punishable by fine and/or imprisonment. I waive any and all rights to formal notice of this order. Dated: Petitioner Dated: Respondent Dated: Claimant APPROVED AS TO FORM AND CONTENT: Dated: Attorney for Petitioner Dated: Attorney for Respondent Dated: Attorney for Claimant/Minor's Counsel Pursuant to stipulation of the parties, IT IS SO ORDERED. Dated: Judge of the Superior Court
Yuba County Superior Court Adopted 3/12/07 Family Law Stipulation and Order Page __ of __

Matter of: _______________________________ and __________________________________

CASE NUMBER:

OTHER ORDERS OR

STIPULATIONS:

Yuba County Superior Court Adopted 3/12/07

Family Law Stipulation and Order

Page __ of __