Filing FL-150 Income and Expense declaration with the court. Was family law facilitator wrong?

Asked over 1 year ago - Alameda, CA

The family law facilitator in Alameda County said I need to file FL-150 and FL-160 with the court.

I am not asking the court to make an order regarding division of property. We have an MSA but proceeding as a default.

I came home and looked at the CA Courts website which clearly states: "You do NOT file the preliminary Declaration of Disclosure, or the final one if you need one, with the court. Instead, each of you has to serve a copy of all the completed forms on the other. You keep the original of your disclosure forms."

I'm confused, the CA Court website is very clear in that disclosure documents don't need to be filed (I did file FL-141 and FL-144 and served disclosure documents). I don't want to make my financial disclosures public by filing. Was the family law facilitator wrong?

Attorney answers (3)

  1. Pamela Janet Ross

    Contributor Level 12

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    Answered . You do not file FL-142 with the court, but you do file the proof of service for for it FL-141 proving that the preliminary disclosures were done. You can waive the final disclosures with FL-144.

    You must file the FL-150 if there is any child support or spousal support at issue
    The Fl-160 is optional and depending on how much assets you have may be unnecessary. However if you do have substantial assets it would make sense that you file it because the court will want to review the numbers to make sure it seems even and the form is the easiest way for them to do that.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more
  2. Daniel Seth Williams

    Pro

    Contributor Level 18

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    Answered . No, you may have just misunderstood. You have to EXCHANTE the declarations of disclosure which includes an FL-150 income and expense declaration, but you do NOT necessarily need to FILE it. You do need to file FL-141 declaring that you EXCHANGED the declarations of disclosure. FL-144 also needs to be filed if you WAIVE your final declaration of disclosure.

    I hope this explanation was HELPFUL and be marked as such. If you feel this was the BEST ANSWER please mark it as such.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more
  3. Shawn Michael Haggerty

    Contributor Level 15

    4

    Lawyers agree

    Answered . First, if you ahve a problem with a family law "faciltator," that should be directed immediately. Declaration of Service for Disclosure documents is MANDATORY.

    If you hve an MSA and a bunch of form issues, seek an attorney please. We can come at halftime without palying in the first half. Best of luck and all of these forms have instructions on the superior cour websites.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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