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Child Support Increase Declaration
Summary
To seek an increase in child support in California, document instances of non-participation in the parenting plan and threats to stop paying bills. File a motion to modify child support with the court, providing evidence such as messages or emails. When attaching a declaration to an FL-300 form, include an introduction, background, specific instances of non-participation, threats, and a clear request for increased support. Attach relevant evidence and indicate specifics on the evidence pages. For financial protection during divorce, utilize automatic temporary restraining orders, document finances, and monitor accounts. To request transaction statements, use discovery requests, subpoenas, or court orders. File motions using the FL-300 form, noting requests in the Request for Order section.Full Conversation
Calif. , sample declaration regarding this
To help you with a sample declaration for increasing child support in California due to non-participation in the parenting plan and threats to stop paying bills, you can include the following elements:
- Introduction: State your name, the other parent's name, and case number.
- Background: Briefly describe the current child support order and parenting plan.
- Non-Participation: Detail specific instances where the other parent did not participate in the parenting plan.
- Threats: Mention any threats made regarding stopping bill payments.
- Request: Clearly state your request to increase child support based on these factors.
- Evidence: Attach any relevant evidence, such as messages, emails, or witnesses.
Would you like more detailed guidance on any of these sections?
- Introduction: State your name, the other parent's name, and case number.
- Background: Briefly describe the current child support order and parenting plan.
- Non-Participation: Detail specific instances where the other parent did not participate in the parenting plan.
- Threats: Mention any threats made regarding stopping bill payments.
- Request: Clearly state your request to increase child support based on these factors.
- Evidence: Attach any relevant evidence, such as messages, emails, or witnesses.
Would you like more detailed guidance on any of these sections?
what is the proper declaration format attached to a fl300
In California, when attaching a declaration to an FL-* (Request for Order), you should follow this format:
- Introduction:
- Your full name
- The other parent's full name
- Case number
- Date
- Background:
- Current child support order details
- Brief description of the parenting plan
- Non-Participation:
- Specific instances with dates where the other parent did not participate in the parenting plan
- Threats:
- Details of any threats made regarding stopping bill payments
- Request:
- Clearly state your request to increase child support due to these factors
- Evidence:
- Attach relevant evidence (messages, emails, witness statements)
Would you like more detailed examples for any of these sections?
- Introduction:
- Your full name
- The other parent's full name
- Case number
- Date
- Background:
- Current child support order details
- Brief description of the parenting plan
- Non-Participation:
- Specific instances with dates where the other parent did not participate in the parenting plan
- Threats:
- Details of any threats made regarding stopping bill payments
- Request:
- Clearly state your request to increase child support due to these factors
- Evidence:
- Attach relevant evidence (messages, emails, witness statements)
Would you like more detailed examples for any of these sections?
What do I have to indicate on the attached evidence pages
On the attached evidence pages, you should indicate:
- Instance Details: Specific dates and descriptions of non-participation in the parenting plan.
- Threats: Verbatim text of threats regarding bill payments.
- Supporting Evidence: Attach messages, emails, or any witness statements that support your claims.
Would you like help with anything else?
- Instance Details: Specific dates and descriptions of non-participation in the parenting plan.
- Threats: Verbatim text of threats regarding bill payments.
- Supporting Evidence: Attach messages, emails, or any witness statements that support your claims.
Would you like help with anything else?
Sample declaration for increase of child support because judge failed to make a judgment on my order request due to insufficient time during hearing
To help you with a sample declaration for increasing child support due to the judge not making a judgment on your order request because of insufficient time during the hearing, you can follow this structure:
~Declaration for Increase of Child Support
Introduction:
- Your full name
- The other parent's full name
- Case number
- Date
Background:
- Briefly describe the current child support order and parenting plan
- Mention the previous hearing and the reason for no judgment (insufficient time)
Non-Participation:
- Detail specific instances where the other parent did not participate in the parenting plan
Threats:
- Mention any threats made regarding stopping bill payments
Request:
- Clearly state your request to increase child support based on these factors
Evidence:
- Attach relevant evidence (messages, emails, witness statements)
- Indicate specifics on the attached evidence pages, such as instance details and verbatim texts of threats
Would you like assistance on any specific section?
Introduction:
- Your full name
- The other parent's full name
- Case number
- Date
Background:
- Briefly describe the current child support order and parenting plan
- Mention the previous hearing and the reason for no judgment (insufficient time)
Non-Participation:
- Detail specific instances where the other parent did not participate in the parenting plan
Threats:
- Mention any threats made regarding stopping bill payments
Request:
- Clearly state your request to increase child support based on these factors
Evidence:
- Attach relevant evidence (messages, emails, witness statements)
- Indicate specifics on the attached evidence pages, such as instance details and verbatim texts of threats
Would you like assistance on any specific section?
Spouse is retaliating by refusing to pay bills he has always paid and I cannot afford
To address the issue of your spouse refusing to pay bills during your divorce, you can consider the following steps:
- Document: Keep a record of all the bills your spouse has historically paid and any communication regarding their refusal.
- Motion for Temporary Orders: File a motion for temporary orders with the court, seeking spousal support and temporary bill payments.
Would you like more detailed guidance on how to file such a motion in California?
- Document: Keep a record of all the bills your spouse has historically paid and any communication regarding their refusal.
- Motion for Temporary Orders: File a motion for temporary orders with the court, seeking spousal support and temporary bill payments.
Would you like more detailed guidance on how to file such a motion in California?
Yes
To file a motion for temporary orders in California seeking spousal support and temporary bill payments, follow these steps:
- Complete FL-*: Request for Order form.
- Attach Declaration: Detailing the refusal to pay bills and financial hardship.
- Submit Evidence: Attach bills, communication records, and financial statements.
- File with Court: Submit the forms to your local family court.
Would you like more information on completing any specific form or step?
- Complete FL-*: Request for Order form.
- Attach Declaration: Detailing the refusal to pay bills and financial hardship.
- Submit Evidence: Attach bills, communication records, and financial statements.
- File with Court: Submit the forms to your local family court.
Would you like more information on completing any specific form or step?
If my spouse makes * a year and I am unemployed with * kids and married for 18 years .. how much should I get in child support and spousal?
In California, child support and spousal support are calculated using specific guidelines. For a rough estimate:
- Child Support: The amount depends on various factors, including income, custody arrangements, and specific needs. Use the California Child Support Calculator online for an estimate.
- Spousal Support: This can be influenced by the duration of the marriage, the standard of living, and each party's financial situation. It's often calculated using a formula or determined by a judge.
Would you like help with accessing a child support calculator or understanding the spousal support formula in detail?
- Child Support: The amount depends on various factors, including income, custody arrangements, and specific needs. Use the California Child Support Calculator online for an estimate.
- Spousal Support: This can be influenced by the duration of the marriage, the standard of living, and each party's financial situation. It's often calculated using a formula or determined by a judge.
Would you like help with accessing a child support calculator or understanding the spousal support formula in detail?
Can my spouse close his bank account during our divorce
During a divorce in California, your spouse is generally not allowed to close a bank account if it contains community property funds. Once divorce proceedings begin, automatic temporary restraining orders (ATROs) are typically in place to prevent either party from making significant financial changes.
Would you like more information on how to protect yourself financially during the divorce process?
Would you like more information on how to protect yourself financially during the divorce process?
Yes
Sure! Here are some steps to protect yourself financially during the divorce process in California:
- Automatic Temporary Restraining Orders (ATROs): These go into effect automatically when the divorce petition is served and prevent significant financial changes.
- Document Finances: Keep records of all assets, liabilities, incomes, and expenses.
- Separate Accounts: Open a separate bank account for your income and expenses.
- Monitor Accounts: Regularly check joint accounts for any unusual activity.
Would you like more detailed guidance on any of these steps?
- Automatic Temporary Restraining Orders (ATROs): These go into effect automatically when the divorce petition is served and prevent significant financial changes.
- Document Finances: Keep records of all assets, liabilities, incomes, and expenses.
- Separate Accounts: Open a separate bank account for your income and expenses.
- Monitor Accounts: Regularly check joint accounts for any unusual activity.
Would you like more detailed guidance on any of these steps?
How do I request detailed transaction statements from my spouse showing all deposits and withdrawals during marriage and divorce ?
To request detailed transaction statements from your spouse, you can follow these steps:
- Discovery Request: Formally request financial documents through the discovery process.
- Subpoena: Issue a subpoena for bank statements if your spouse is uncooperative.
- Court Order: Ask the court to order your spouse to provide the statements.
Would you like more information on how to initiate the discovery process or issue a subpoena?
- Discovery Request: Formally request financial documents through the discovery process.
- Subpoena: Issue a subpoena for bank statements if your spouse is uncooperative.
- Court Order: Ask the court to order your spouse to provide the statements.
Would you like more information on how to initiate the discovery process or issue a subpoena?
Yes
To initiate the discovery process or issue a subpoena for financial documents during your divorce in California, you can follow these steps:
- Discovery Request: Serve your spouse with a Request for Production of Documents (Form FL-*).
- Subpoena: Use Form SUBP-* to subpoena bank statements.
- Court Order: File a motion with the court to compel your spouse to provide the documents.
Would you like more information on completing any of these forms?
- Discovery Request: Serve your spouse with a Request for Production of Documents (Form FL-*).
- Subpoena: Use Form SUBP-* to subpoena bank statements.
- Court Order: File a motion with the court to compel your spouse to provide the documents.
Would you like more information on completing any of these forms?
How do I file a motion
To file a motion in California:
*. Complete the appropriate form, such as FL-* (Request for Order).
*. Attach a detailed declaration explaining your request.
*. Include supporting evidence.
*. File the motion with your local family court.
*. Serve the motion to your spouse.
Would you like more detailed guidance on completing the FL-* form?
*. Complete the appropriate form, such as FL-* (Request for Order).
*. Attach a detailed declaration explaining your request.
*. Include supporting evidence.
*. File the motion with your local family court.
*. Serve the motion to your spouse.
Would you like more detailed guidance on completing the FL-* form?
Where on fl300 is this request noted?
On the FL-* form, you should note your request in the section titled "Request for Order" (item *). Here, you can specify what you are asking the court to order, such as requesting detailed transaction statements or other financial documents.
Would you like a detailed example of how to fill out this section?
Would you like a detailed example of how to fill out this section?
Yes
To fill out the "Request for Order" section (item *) on the FL-* form in California, follow these steps:
*. Item * (Request for Order):
- Check the box for the type of order you are requesting (e.g., "Other Relief").
- In the description box, write: "Request for detailed transaction statements from [spouse's name] showing all deposits and withdrawals during marriage and divorce for the purpose of financial discovery."
Would you like guidance on any other part of the form or process?
*. Item * (Request for Order):
- Check the box for the type of order you are requesting (e.g., "Other Relief").
- In the description box, write: "Request for detailed transaction statements from [spouse's name] showing all deposits and withdrawals during marriage and divorce for the purpose of financial discovery."
Would you like guidance on any other part of the form or process?
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