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California Family - Petition to Initiate Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for a Petition for divorce in California. It considers divorces with or without children, and with or without property.
Family Law, Divorce
California Family - Petition to Initiate DivorceThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
When you're navigating a child custody or support case, the FL-342 Child Support Order form is crucial for outlining the financial responsibilities concerning child support. Typically, this form comes after several significant steps in the legal process.
- Preceding Forms: Prior to completing the FL-342, you might have already filed the Petition (form FL-200 for a child support case), a Response (form FL-270), or other findings discussed during a hearing.
- Trigger Point: A court hearing where child support calculations and considerations about parental income and custodial arrangements are made often triggers the need for this form. Decisions requiring an official order regarding financial details follow these proceedings. _This form is used to establish a child support order; change an existing child support order; or necessary upon parental agreement for a child support amount that is above or below the statutory requirement._
- _Other Forms__: This order may accompany other court order forms, such as form FL-340 Findings and Order After Hearing; forms FL-180 and FL-250 Judgments; or, form DV -130 Restraining Order After Hearing._
Once these preliminary steps are completed, the FL-342 form helps document the child support order in alignment with California's legal guidelines, ensuring both parties comply with the determined obligations.
- Gather Necessary Information: Collect income and earnings details of both parents along with any relevant hardships or adjustments.
- Complete the Form: Fill out the FL-342 form, ensuring all child support information is accurately detailed.
- Attach Supporting Documents: Include any necessary documentation such as computer calculations, income statements, or hardship proofs.
- Submit the Form: File the completed form with the clerk at the family court where your case is being heard.
- Serve the Other Party: Ensure a copy of the filed form and attachments are properly served to the other parent/party involved in the case.
Earning Capacity
Consider whether each parent's actual income accurately reflects their ability to earn. For instance, if someone is voluntarily unemployed or underemployed, it may be prudent to use an imputed income based on past earnings or job market conditions. Ensuring income reflects earning capacity can significantly affect support calculations.
Earning Capacity
Consider whether each parent's actual income accurately reflects their ability to earn. For instance, if someone is voluntarily unemployed or underemployed, it may be prudent to use an imputed income based on past earnings or job market conditions. Ensuring income reflects earning capacity can significantly affect support calculations.
Hardship Deductions
When listing hardships, remember they can lower the child support obligation. Include any extraordinary costs such as medical expenses or catastrophic losses, as they can offset the calculated support. Check if the hardships have specific end dates, as deductions are typically temporary.
Hardship Deductions
When listing hardships, remember they can lower the child support obligation. Include any extraordinary costs such as medical expenses or catastrophic losses, as they can offset the calculated support. Check if the hardships have specific end dates, as deductions are typically temporary.
Low-Income Adjustment Rebuttal
Pay special attention if you are contesting the low-income adjustment. Provide concrete reasons why the standard lower adjustment isn't appropriate, such as additional unreported income or significant assets that should be assessed.
Low-Income Adjustment Rebuttal
Pay special attention if you are contesting the low-income adjustment. Provide concrete reasons why the standard lower adjustment isn't appropriate, such as additional unreported income or significant assets that should be assessed.
Health Insurance Clause
The parent required to maintain health insurance should be aware that coverage might need to continue beyond the child's dependency age if the child cannot support themselves due to a disability. Verify with the insurance provider the conditions for extending coverage.
Health Insurance Clause
The parent required to maintain health insurance should be aware that coverage might need to continue beyond the child's dependency age if the child cannot support themselves due to a disability. Verify with the insurance provider the conditions for extending coverage.
Private Collector Fee
If using a third-party child support collector, verify the agreement terms carefully. The fee for their services can be significant, capped at a third of the past due support. Ensure the contract doesn't demand more than legally permissible and understand its joint obligation with the recipient.
Private Collector Fee
If using a third-party child support collector, verify the agreement terms carefully. The fee for their services can be significant, capped at a third of the past due support. Ensure the contract doesn't demand more than legally permissible and understand its joint obligation with the recipient.
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1
Serve the Child Support Order (form FL-342) along with any other related documents filed with it to the other parent/party involved in the case to ensure they are officially informed about the child support terms.
2
File a Proof of Service (form FL-330) with the court to confirm that the Child Support Order and accompanying documents have been properly served on the other parent/party.
3
If not already in place, establish an earnings assignment order to facilitate automatic deductions for the child support payments directly from the obligated parent’s wages.
4
Monitor the response from the other parent/party; if there are any objections or requests for modification, negotiate or prepare for further court proceedings.
5
Keep track of payment receipts, additional expenses covered by the child support order, and any updates to financial circumstances in case of future modifications or compliance issues.
