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Do I need to file Income Expense Declaration with the Court

Orange, CA |

I am filing a no contest divorce and per courts instruction I have already served my ex-wife's lawyer with my Income and Expense declaration and have filed a declaration of the service with the court. I realize however that my ex-wife's attorney has filed the actual FL-150 form with the court as well. Is this something I need to do? When I read the law what I understand is that I am only required to serve the other party with the FL-150 form and pay stubs, tax returns etc. What is the advantage/disadvantage of filing a copy of the FL-150 with the court? Thanks

Attorney Answers 3

  1. Generally, the Courts need the Income and Expense form if one party is asking the other party for support or attorney's fees. There is no advantage or disadvantage for not doing so, EXCEPT that it meets the legal requirements. I can imagine a result if you did not file one- the judge could decide what your income and expenses are based on the other side's estimates. Or even worse yet, you could be sanctioned.

  2. Yes you should. Don't allow the chance that the court will decide your financials based on what the other party says.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

  3. I agree with the responding attorneys. Letting the opposing party explain your financial situation is a recipe for disaster. You should file your income and expense form. You may want to consult with a family law attorney to assist you in your case and advise you further. I would be more than willing to respond to any further questions that you have. Best of luck.
    (310) 855-3386

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