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

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

Posted

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 create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents. My firm is All for the Family Legal Clinic, Inc. a nonprofit public benefit corporation that charges on a sliding scale based on income and family size. For a consultation contact us 510-999-7732 or at our website www.allforthefamilylegalclinic.org

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Daniel Seth Williams

Daniel Seth Williams

Posted

Excellent.

Posted

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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Asker

Posted

Not sure what your advise is here, my question clearly stated that Declaration of Service was properly made, I know it is mandatory. Ca Fam §§ 2104(b) states: " (b) The preliminary declaration of disclosure shall not be filed with the court, except on court order. However, the parties shall file proof of service of the preliminary declaration of disclosure with the court." - There is no court order pending. Some lawyers have said in the past here on AVVO that filing FL-150 with the court is mandatory, however, that form is just an attachment to FL-140 which clearly states "Do not file with the court".

Posted

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 offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX

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