Family Code, §§ 270, 2030,2032, 4320,
6344, 7640
Form Approved for Optional Use
Judicial Council of California
FL-157 [New January 1, 2012]
FL-157
www.courts.ca.gov
Page 1 of 4
SPOUSAL OR PARTNER SUPPORT DECLARATION ATTACHMENT
CASE NUMBER:
Declaration for Default or Uncontested Judgment (form FL-170)
SPOUSAL OR PARTNERSHIP SUPPORT
DECLARATION ATTACHMENT
Other (specify):
Enter a judgment for spousal or domestic partner support for Petitioner Respondent.
Spousal or domestic partner support. I request that the court (check all that apply):
1.
a.
c.
Deny the request to modify the judgment for spousal or domestic partner support.
Order my attorney fees and costs to be paid by my spouse or domestic partner a joined party (specify):
Attorney fees and costs. I request that the court (check one):
2.
a.
b.
Deny the request for attorney fees and costs.
Terminate jurisdiction to award spousal or domestic partner support to Petitioner Respondent.
d.
Modify the judgment for spousal or domestic partner support for Petitioner Respondent.
b.
Supporting Declaration for Attorney's Fees and
Costs Attachment (form FL-158)
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARTY:
The facts in support of my request are:
3.
Family Code section 4320(a)(1)
a.
The supported party has the following training, job skills, and work history:
(1)
The current job market for the job skills of the supported party described in item 3a(1) is:
(2)
The supported party would need the following time and expense to acquire the education or training to develop the job
skills described in item 3a(1):
(3)
To develop other, more marketable job skills or employment, the supported party would need the following retraining
or education:
(4)
JOHN SMITH
MARY SMITH
D19-00000
I GRADUATED FROM HIGH SCHOOL AND HAVE TWO YEARS OF COLLEGE, BUT NO DEGREE. I
AM EMPLOYED FULL-TIME AS A COOK. I HAVE BEEN EMPLOYED AS A COOK EVER SINCE HIGH
SCHOOL. IT IS THE ONLY JOB SKILL I HAVE.
JOBS AS COOKS ARE READILY AVAILABLE LOCALLY.
NOT APPLICABLE. I ALREADY HAVE THE JOB SKILLS DESCRIBED IN 3(a)1.
I WOULD LIKE TO EARN MORE MONEY BY BECOMING A PARALEGAL. IN ORDER TO BECOME A
PARALEGAL, I WOULD NEED TO ENROLL IN A PARALEGAL PROGRAM THAT WOULD TAKE
APPROXIMATELY 12 MONTHS TO COMPLETE AND COST APPROXIMATELY $16,0000.
FL-157
CASE NUMBER:
FL-157 [New January 1, 2012]
Page 2 of 4
SPOUSAL OR PARTNERSHIP SUPPORT
DECLARATION ATTACHMENT
The supporting party does does not have the ability to pay spousal or domestic partner support.
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARTY:
Facts in support of request.
3.
Family Code section 4320(a)(2)
b.
Provide any facts that indicate the supported party's earning ability is, or is not, lower than it might be if he or she had not had
periods of unemployment because of the time needed to attend to domestic duties (explain):
Family Code section 4320(b)
c.
Provide any facts that indicate that the supported party contributed to the education, training, career position, or license of the
supporting party.
Family Code section 4320(c)
d.
(1)
The supporting party's current gross income from employment or self-employment is (specify):(2)
The supporting party's current income from investments, retirement, other sources is (specify):(3)
The supporting party's current assets and their values and balances are (specify):(4)
The supporting party's standard of living is (describe, for example, type and frequency of vacations, value of home and
other real estate, value of investments, type of vehicles owned, credit card use or nonuse):
(5)
JOHN SMITH
MARY SMITH
D19-00000
I WORKED FULL-TIME THROUGHOUT OUR MARRIAGE WHILE RESPONDENT ATTENDED
NURSING SCHOOL FOR TWO YEARS. MY INCOME WAS THE SOLE SOURCE OF INCOME FOR
THE FAMILY WHILE RESPONDENT ATTENDED NURSING SCHOOL. MY INCOME PAID THE
TUITION FOR NURSING SCHOOL. I WORKED A LOT OF OVERTIME IN ORDER TO PAY THE BILLS
SO RESPONDENT COULD BECOME A NURSE.
RESPONDENT HAS A ONE HALF INTEREST IN THE FAMILY HOME LOCATED AT 1 PENNY LANE IN
WALNUT CREEK, CALIFORNIA WITH $200,000 OF EQUITY. RESPONDENT ALSO HAS A ONE HALF
INTEREST IN OUR FURNITURE AND FURNISHINGS WORTH A TOTAL OF $9,000. RESPONDENT
WILL KEEP THE 2013 TOYOTA CAMRY AUTOMOBILE WITH AN EQUITY OF $10,500.
RESPONDENT HAS A ONE HALF INTEREST IN OUR BANK ACCOUNTS AND BROKERAGE
ACCOUNT THAT HAVE A TOTAL VALUE OF $22,985. RESPONDENT HAS A ONE HALF INTEREST
IN MY PENSION WITH AN UNKNOWN VALUE AND IN MY 401(K) ACCOUNT WORTH $9,250.
RESPONDENT AND I ENJOYED A MIDDLE CLASS STANDARD OF LIVING. DURING THE
MARRIAGE, WE LIVED IN A HOME THAT IS WORTH $600,000. SEE ITEM #4 ABOVE FOR A
DESCRIPTION OF OUR OTHER ASSETS. DURING THE MARRIAGE, WE TENDED TO TAKE TWO
VACATIONS PER YEAR, A WEEK IN TAHOE AND A WEEK IN MAUI. WE SHOPPED FOR
GROCERIES AT WHOLE FOODS AND FOR CLOTHING AT MACYS. WE EACH BELONG TO THE
LOCAL GYM AND HAVE PERSONAL TRAINERS. WE TENDED TO PURCHASE NEW CARS EVERY 6
YEARS. DURING THE MARRIAGE, WE WERE USUALLY ABLE TO PAY OFF OUR CREDIT CARD
BILLS EACH MONTH.
$15,000
NOMINAL
FL-157
CASE NUMBER:
FL-157 [New January 1, 2012]
SPOUSAL OR PARTNERSHIP SUPPORT
DECLARATION ATTACHMENT
Page 3 of 4
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARTY:
Facts in support of request.
3.
Family Code section 4320(d)
e.
The supported party does does not need support to maintain the standard of living we enjoyed during the
marriage or domestic partnership.
Family Code Section 4320(e)
f.
The supported party's assets and obligations, including separate property, are (list values and balances):(1)
The supporting party's assets and obligations, including separate property, are (list values and balances):(2)
JOHN SMITH
MARY SMITH
D19-00000
I HAVE A ONE HALF INTEREST IN THE FAMILY HOME LOCATED AT 1 PENNY LANE IN
WALNUT CREEK THAT HAS $200,000 OF EQUITY. I HAVE A ONE HALF INTEREST IN OUR
FURNITURE AND FURNISHINGS WORTH A TOTAL OF $9,000. I WILL KEEP THE 2010
TOYOTA CAMRY AUTOMOBILE THAT IS WORTH $8,000 AND IS PAID OFF. I HAVE A 1996
MOTORCYCLE WORTH $5,000 THAT IS MY SEPARATE PROPERTY. I HAVE A ONE HALF
INTEREST IN OUR BANK ACCOUNTS AND BROKERAGE ACCOUNT THAT ARE WORTH A
TOTAL OF $22,985. I HAVE A ONE HALF INTEREST IN MY PENSION WITH AN UNKNOWN
VALUE AND A ONE HALF INTEREST IN MY 401(K) ACCOUNT. MY 401(K) ACCOUNT IS
WORTH A TOTAL OF $9,250. I HAVE $300 IN JEWELRY THAT IS MY SEPARATE PROPERTY.
THERE ARE TWO COMMUNITY CREDIT CAR DEBTS THAT TOTAL $4,000.
SEE ITEM 3(D)4 ON PAGE 2 FOR A DESCRIPTION OF RESPONDENT'S ASSETS. SHE HAS
SEPARATE PROPERTY JEWELRY WORTH $2,000. SHE HAS A $45,000 STUDENT LOAN
FROM COLLEGE (BEFORE NURSING SCHOOL) THAT IS HER SEPARATE DEBT. SHE WILL BE
RESPONSIBLE FOR PAYING HALF OF THE COMMUNITY CREDIT CARD DEBT THAT TOTALS
$4,000.
FL-157
CASE NUMBER:
FL-157 [New January 1, 2012]
Page 4 of 4
SPOUSAL OR PARTNERSHIP SUPPORT
DECLARATION ATTACHMENT
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARTY:
Facts in support of request.
3.
Family Code section 4320(f)
g.
Length of marriage or domestic partnership (specify):
Family Code section 4320(g)
h.
Provide any facts indicating whether or not the supported party is able to work without unduly interfering with the interests of
the children in his or her care (describe):
Family Code section 4320(h)
i.
Petitioner's age is (specify): (1) Respondent's age is (specify):
Petitioner's current health condition is (describe):(2)
Respondent's current health condition is (describe):(3)
Additional factors (Family Code sections 4320(i)–(n))
j.
The court will also consider the following factors before making a judgment for spousal or domestic partner support:
Any documented evidence of domestic violence between the parties as defined in Family Code section 6211.(1)
The immediate and specific tax consequences for each party; (2)
The balance of the hardships on each party;(3)
The criminal conviction of an abusive spouse in reducing or eliminating support in accordance with Family Code section 4325;(4)
The goal that the supported party will be self-supporting within a reasonable period of time; and(5)
Any other factors the court determines are just and equitable.(6)
Describe below any additional information that will assist the court in considering the above factors:
JOHN SMITH
MARY SMITH
D19-00000
18 YEARS, SIX MONTHS
38
38
GOOD HEALTH, EXCEPT FOR HIGH BLOOD PRESSURE THAT IS CONTROLLED BY
MEDICATION.
GOOD HEALTH
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OUR CHILDREN ARE IN SCHOOL OR DAY CARE WHEN WE WORK.