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I filed for divorce yesterday. I did not file form FL-150 (Income and Expense) or the form to request child support.

Oakland, CA |

I want both but believe it is not time to file those forms yet? Please advise. How soon from filing do I need to have him served? I'm trying to wait until the end of the year...is that possible?

Attorney Answers 3

Posted

You can wait to the end of the year to serve him with the summons and petition, not a problem. However, once you choose to file the FL-300 Request for Order for child support, and FL-150 Income and Expense Declaration, you must have him served within sixteen (16) COURT DAYS of the hearing. However, if there is custody issues involved, then check your counties local rules regarding service for purposes of the custody mediation in regard to service.

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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Posted

To seek Child Support, you file a FL-300 Request for Order and a FL-150 Income and Expense Declaration, but you should request Child Custody as well, since Child Support is based on your income, his income and the parental timeshare. Depending on what county you are in, the hearing on your RFO won't be set until a month or two after you file your RFO, so the sooner you file your RFO and have your husband served, the sooner you will receive Child Support. You could wait until year's end to have your husband served, but why wait? You will have to have him served with the Summons, Petition, etc., before or at the time you have him served with your RFO. Once you have your RFO filed, you should try to get the Respondent served with the RFO, etc., ASAP - the last day to serve him would be the 16th Court (not calendar) day prior to the hearing, but there may be delays in getting him served, so I suggest that you have him served earlier, rather than later. Service has to be done by someone other than you over the age of 18, and the server will have to complete and sign a Proof of Service to be filed with the Court.

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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1 comment

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Excellent answer,

Posted

I agree with the submissions of my colleague's.

Gina Hunter

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