How to proceed in Default case with Agreement

#21

Good Morning Cristin,

Quick question to the form FL-342. Entering the base amount of child support in number 6, does this already include the mandatory costs in 6b?
For instance, according to the guideline formula, I’d have to pay my spouse less than 50% of the actual costs (day care plus health insurance). However, I’d like to pay 50% of that those costs. The rest will be shared 50/50 whenever costs come up (uninsured heath care costs, education, sports etc).

Let’s say I put $800 in line 6a (again, this amount covers 50% of the monthly recurring costs and will be the final amount)
In line 6b I’d put 50% Petitioner and 50% Respondent, but leave the amount blank or do I put the the dollar amounts for the daycare expenses in (equally split) and subtract this amount from the $800 in line 6a?
6c and 6d will also be 50% for both, but no amounts since those are unpredictable but once costs occur, they’ll be shared 50/50.

Thanks so much for your input.

#22

Good morning,

Regarding form FL-342, 6a (base child support) does NOT include the mandatory costs. That amount represents the total monthly base child support you pay. For add-ons, you would simply check 6b, 6c, and 6d for the 50% boxes, since those amounts are not predictable.

#23

Got it!
I read 6b as if this was the regular (Mon-Fri) child care expense like Kindergarten. That’s why I got confused.

Thanks a lot for the prompt response.

#24

Hi Cristin:

I watched your family law videos on YouTube. I want to thank you that it was very helpful and informative. It helps prose litigants like myself.

I would appreciate if you can answer this general question regarding FL-141.

  • When do you file the FL-141 (after the other party is served?).

*Do I put the date the document was actually received by the other party or the date when I file the FL-141 at the court?

  • You said FL-141 and FL-150 are filed with the court (are they filed at the same time or the FL-150 is filed along with the initial petition containing the summons etc: FL-100, FL 110)? I thought the 150 (Income & Expense Declaration is filed at the beginning of the case).

  • You didn’t mention FL-160. Is this Form to be filed with the court or just served to the other side just like FL-140 & FL-142?

Thank you very much!

#25

Question #2:
I have not served the other party the original Divorce petition within 60 days (served him 3 months after case was first filed). So, is the service defective, if so do I have to refile and resubmit the petition again?

#26
  1. When do you file FL-141?

AFTER the other party is served. The date you serve is the date you enter on the form. So for example, if you mail the documents on 12/10, you put down 12/10.

  1. When is FL-150 filed?

FL-150 can but does not need to be filed at the time your petition and summons (FL-100 and FL-110) are filed. If you did so, then assuming you filed your FL-150 within the last 90 days AND no material changes to your income or expenses have occurred, then you do NOT need to file a second FL-150.

  1. FL-160

FL-160 is a form that is interchangeable with FL-142. FL-160 is the preferred form to use when there is a true default divorce. FL-142 is the preferred form when the case is contested or when there is an agreement. Both forms qualify to meet the requirement of a financial disclosure. In other words, do one or the other, not both.

#27

There is no deadline of 60 days to serve the other party, though that is preferred. Service is not defective based solely on the timing. There may be other defects that would require you to re-serve, but you do not need to re-file the Petition unless you want to change what you filed.

#28

Cristin:
I’ve no words! You are the best attorney I’ve ever known. A lot of attorneys these days work solely for money (when they go to law school they’re programmed by parents and society that lawyering is a money-making machine; they miss the point). This profession is also a helping profession. Most attorneys wouldn’t even respond timely to a paying client, let alone to an online platform. Cristin is amazing: she responded to each of my questions, and I see to others too, diligently. I will definitely recommend your County State Bar. You’re a true lawyer! Thank you Cristin!

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#29

Excuse typo: *recommend you to your County’s Bar Association…

#30

Hi Cristin,

Hope you’re doing well!
I was wondering about the debts my spouse incurred after being served and also acknowledging that she has been served. Will those still get split 50/50 in a default without agreement or do they remain 100% with her?

Thanks so much for all your help!

#31

Thanks for asking - I’m doing well!

Debt incurred after separation (which is very likely NOT the same as the date of service) are the incurring party’s obligation. Legally, your spouse is responsible for all debts she acquires post-separation. That said, if she is charging joint credit cards, a creditor will still hold you and your credit responsible for that debt.

Let’s assume that you and your wife have a joint Visa credit card that had $2,000 charged to it as of date of separation. After separation, your wife charges an additional $3,000, bringing the total debt owed to $5,000. You are legally responsible for one-half of the $2,000 that existed as of date of separation, or $1,000. Your wife is legally responsible for the other $4,000.

That said, if your wife doesn’t pay the $4,000, because it is a joint debt, a creditor can and will go after you to pay for the bill. This also includes negatively impacting your credit. Your only recourse would be to take her to family court (divorce court) to address this problem.

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#32

Continuing the discussion from How to proceed in Default case with Agreement:

Hello,
Thanks for the help. First some information.

  1. We have been married for 25 years, separated for 2 years.
  2. We don’t have minor children.
  3. We don’t have real estate.
  4. At the time of separation (2 years ago) we divided the property - household items and vehicles. This statement is going to be in notarized agreement.
    We agreed to proceed with Default case with Agreement.

Questions:

  1. Should I still list in details separate property in form fl100 (#9) the property that I acquired after we got separated.
    2.Does that mean we don’t have any community property (a in #10)? Or do I have to list again what was divided 2 years ago, my car for example?
    Thanks again.
#33

My MSA was rejected because it says it does not meet legal standards. Seek legal advice. I have no money. He is not lifting a finger to help so he can save money. He’s not being mean. Just lazy but I still need help. What is the legal standards I need to meet?

#34

  1. I don’t know exactly what you mean by “details,” but in general, I prefer some specificity, so while I wouldn’t say “Bank of America checking and savings accounts opened 1/1/2020, Fidelity 401(k)” I would likely list “bank accounts and retirement accounts acquired post-separation.”

  2. Community property is all property that was acquired during marriage that still exists, or it’s property that no longer exists but is something you assert a right over and seek the Court’s help. So if your car still exists, it’s still community property.

#35

Unfortunately, there are a lot of legal standards, so without more specificity, I won’t be able to help. I will generally comment that if your spouse is not lifting a finger, a MSA isn’t usually the right solution for your case, since a MSA requires both of you to agree on and sign.

#36

Hi,

I filed fl-115 30 days ago and there is no response. We have an agreement. My question is how do I proceed from here? Do I have to serve fl 140, fl 150, fl160 to my ex than file fl 141 with the court? Can I file fl 141 and fl 165 together to the court? if I am done with that what is my next step?

Thank you.

#37

Yes, you need to serve your preliminary declaration of disclosure and file your FL-150, FL-160, and FL-141 with the Court. You may choose to file FL-165 at the same time. Thereafter, you will need to submit your Judgment (FL-180), along with the other mandatory forms (which will vary depending on the type of case you have and your county of filing).

#38

Dear Cristin,

I have a case that is a default with agreement. We have no assets, no children, we don’t request spousal support, no attorney fees very straight forward case. So far I filedFL 100 and FL 115 and the 30 days are over. We are working on the agreement to get notarized. I served FL 140, FL 150, and fl 142. My question would be what do I have to file next? Can I file all the documents (fl 141, fl 165, fl 170, fl 180, fl 190, fl 144) all at once or is there an order? I also want to fl 165 because there is no response from my spouse but also we have an agreement so I am lost when do I have to file that document.

I have another question regarding the form FL 170 section 8 spousal support. Neither of us wants to get spousal support but my spouse never filed a response we will have an agreement. Should we just write down in the agreement that we ask the court to terminate spousal support forever for both sides and mark d. and written agreement or should I mark letter c?

Thank you so much for making this clear.

#39

Dear Cristin,

My question is regarding the agreement. Can I put in the agreement that both parties give up the right forever for spousal support than when filing fl 170 and fl 180 just mark the box it is in the agreement? Also, Can I do that with the attorney fee? We have no attorney. Should I put it in the agreement that no attorney fees were paid and then on fl 170 and fl 180 just leave that “attorney fees” blank??

Thank you in advance.

#40

You will need to file FL-141, FL-150, FL-165, FL-144, FL-170, FL-180, FL-190 - they can all be filed at once; however, if you break them up into two groups, you must file FL-141 and FL-150 before filing FL-144, FL-170, FL-190, and FL-190. FL-165 can be filed with either group as long as 30 days have passed since the date of service.

As for FL-170, I typically check both box c and d in cases like yours.