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In original petition asked for support child & spousal. 3 years later I don't need it Now Default with MSA, child sup reserved

Half Moon Bay, CA |

and spousal support waived. On form 170 question number 3 is asking if all the information in petition is correct. Which box do I check? Amended? Petition? We declared our current incomes in MSA, included the CA child support calculator, used all the correct legal wording in regards to CA Family codes. Things have improved significantly in the last 3 years for us and the original petition requested all those things. I have filled out all forms referring to FL 180 and attached agreement for details about child support, spousal, health ins., etc, etc. Are we okay?

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Attorney answers 2


The forms you are submitting should reflect the present reality of the parties. I apologize if that's not exactly what you're asking as it's not clear to me.

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Original petition requested Child Support & Spousal Support. It was filed in January 2010, things have greatly improved and I don't need either of those things. In our MSA we reserved child supp. & waived spousal. The agreement/stipulation is being filed on Tuesday. It obviously differs from original petition. Is that OK? Will there be a problem that it differs from original petition? MSA states our income and has clear and unambiguous language. I have a Judgement Package ready to go. FL170, FL 180 + MSA, FL 190. I don't have to amend the petition because I am no longer asking for support of any kind, do I? Further, there is nothing to divide as we filed Bankruptcy 1 year ago while still legally married. Thanks hope that sheds some light...


Is is perfectly alright to check the box that says "petition" in form 170 item #3. You would only check the "amended" box if you were saying the information in the amended petition is correct. I am assuming you do not have an amended petition in this matter.