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Filed a request for default. It was accepted. The original FL 150 was filed 3 years ago. I should update now, yes?

Half Moon Bay, CA |

Other question is: Once I update I serve him and file with court again? What date do I list as my Declaration of Disclosure in my judgement packet? The one in 2010 or the most recent? We are Default w/MSA. Since he is in default he doesn't have to file FL 150 with court, yes or no? I have seen his taxes and am aware of his financial situation. We are waiving the Final Declaration as we have shown everything to one another very recently. Our financial situations have improved, we share legal and joint custody 50/50 %, and make about the same income. Neither of us is asking for support child or spousal. This will all be updated in our MSA as it is different from original petition. I just know the court will want a more recent FL 150. Am I on the right track?

Attorney Answers 3

Posted

If you have already done your disclosures, filed the declaration re: service of disclosure, you do not need to update the FL150. Just prepare and submit your proposed judgment, notice of entry of judgment (and do not forget the two self addressed pre-stamped envelopes), final discl. waiver form, the appearance, stips and waivers form. etc. No, he does not have to file FL150 .I would be more concerned about waiving final disclosure from the x and also the contents of the MSA being legally sufficient for the judge to enter a judgment. If you have found this helpful and/or the best answer, please relay that information to the attorney by checking on the appropriate box below. It is greatly appreciated. Thank you.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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Asker

Posted

I am concerned that without refiling FL150 to update my circumstances the judge won't have enough to understand why we aren't needing child support. I do intend to attach a copy of the Dittomaster or State child support calculator results. Thoughts? Also, I understood all of what you wrote here pre-stamped envelopes, Final Dicl. waiver form, Stips and waiver form, but what is the appearance form? Or are you saying we will need to appear? I plan on taking my forms + MSA to the Family Law Facilitator before filing to insure my t's are crossed and i's dotted. I am using a template for my MSA that her attorney wrote up and our circumstances are quite similar. We had to file bankruptcy 2 years ago--not much to divide at this point. :( Thank you for any further input you might have.

Martha Bronson

Martha Bronson

Posted

No there is no need to appear. The Appearance, Stipulations and Waiver form allows you to make your appearance by declaration, hence no need for your to appear. When you go to see the Family Facilitator they will explain to you what else you need. I agree with you that the court needs pertinent information about your situation, but that is not a reason to re-file FL150. Instead you should make sure that your reasons for no CS and information is in the MSA.

Brad Jefferson Landon

Brad Jefferson Landon

Posted

If you both file the Appearance. Stip and Waivers form the defaulted party may have to pay the filing fee in most counties - $ ouch. However, there is a way around this. Simply add the stipulation and waivers language minus the appearance language as a paragraph in your MSA. Good luck

Asker

Posted

I don't understand. I've just gone to Santa Clara County site and the Superior Court Site and both places it states that with Default with MSA does not require FL130. I filed the FL165 and that is all it said I had to do???

Posted

If you're waiving service then it doesn't need to be updated. I would be very careful about waiving disclosures as you never know if they've been hiding something.

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation. Call us for more information. 619.797.5456 www.mataelelaw.com

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Posted

Ok, let's say we don't waive the final declaration-- can you answer the other questions in my original post? Thanks you so much!

Posted

I agree with Ms. Bloom. As child support is always on the proverbial table, updated FL-150s can be filed later if one of you seeks child support from the other.

DISCLAIMER The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

That is helpful. However, I guess my only concern is that when I originally filed the FL 150 I was unemployed hadn't filed taxed in 2 years and qualified for a fee-waiver due to my circumstances. Things have drastically improved--thank goodness--but I want the judge/commissioner to see that clearly. I intend to state my income, etc in MSA with the Dittomaster calculator to show why child support unnecessary at this time. WIth all that it still is unnecessary to file an updated FL 150? Thank you kindly!!

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