Stanislaus — In Propria Persona

Source: https://www.stanislaus.courts.ca.gov/system/files/pre-hearing_statement.pdf

11 Name, Address & Telephone Number

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55 In Propria Persona 66

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STANISLAUS COUNTY SUPERIOR COURT, STATE OF CALIFORNIA

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99 In re the Marriage of: Case No. ____________________ 1010 ______________________________, Petitioner PREHEARING STATEMENT 1111 (DEFAULT) and 1212 ______________________________, Respondent. 1313 1. STATUS OF CASE 1414 a. The parties were married on __________________ and separated on __________________. 1515 b. This is a marriage of ________ year(s) and _______ month(s). 1616 c. Respondent was served with a Summons and Petition on _____________________.

d. Respondent has not filed a Response and default has been submitted or entered.1717 e. There is/are ______ minor child(ren) of this marriage.

1818 2. NAME CHANGE (Only if you checked Item 7(1) of the Petition for Dissolution) 1919 The Petitioner requests his/her former name be restored to 2020 __________________________________________________. 2121 3. CHILD PATERNITY (Select if your child was born prior to the date marriage AND checked Item 3(d), 7(d) or both in the Petition for Dissolution) 2222 Petitioner requests that the Court find the minor child(ren), listed below and named on the Petition, was/were born to the parties prior to their marriage and request that judgment of 2323 parentage be entered herein.

2424 Child’s Name(s) Date of Birth 2525 _________________________________________ ___________ _________________________________________ ___________

Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

11 4. CHILD CUSTODY AND VISITATION (Select all that apply)

22 The minor child(ren) of the marriage are:

Child’s Name(s) Date of Birth

33 _________________________________________ ___________ 44 _________________________________________ ___________

_________________________________________ ___________

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66 Petitioner requests that the custody and visitation ordered on _____________ shall remain in full force and effect. 77 The child(ren) currently live with the Petitioner Respondent. The child(ren) visit 88 do not visit with the other parent. Since separation the current visitation pattern has been as follows: (Example: FATHER IS VISITING ON THE 1ST, 3RD, AND WHEN APPLICABLE THE FIFTH WEEKEND 99 BEGINNING FRIDAY 6PM TO SUNDAY 6PM.) _____________________________________________________________________________ 1010 _____________________________________________________________________________

1111 I am proposing that the court make the following orders for custody (Check both boxes for “joint custody):

Legal custody to: Petitioner Respondent

1212 Physical Custody to: Petitioner Respondent

1313 Petitioner Respondent to be the primary custodial parent. (Not applicable is Physical Custody requested to only one parent.) 1414 I am proposing that the court make the following orders for visitation: 1515 Petitioner Respondent to have reasonable rights of visitation as the parties can agree.

Petitioner Respondent to have no visitation rights for the following reasons:1616

___________________________________________________________________________

1717 ___________________________________________________________________________ 1818 5. CHILD SUPPORT (Select one) 1919 Petitioner requests that the child support ordered on _____________ shall remain in full force 2020 and effect.

Petitioner requests that the Court order child support as set forth in the attachment.

2121

6. SPOUSAL SUPPORT (Only if you checked Item 7(f), 7(g) or both in the Petition for Dissolution)2222 Petitioner requests that the Court find that Petitioner has WAIVED spousal support and that

2323 Respondent has not requested spousal support. Accordingly, spousal support is denied to both parties and the Courts jurisdiction to award spousal support is terminated. 2424 Petitioner requests that the Court find the issue of spousal support as to both parties is 2525 RESERVED effective forthwith upon entry of Judgment.

Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

Petitioner requests that the Court order permanent spousal support based on the facts set 11 forth in the attached Spousal Support Questionnaire, pursuant to Family Code Section 4320.

22 7. PROPERTY DIVISION (Only if you checked Item 4, 5(a or b) or 7(h) of the Petition for Dissolution)

33 Petitioner requests that the Court find that there are no community assets and or debts to divide. 44 Petitioner requests that the Court order the community assets and debts to be divided as set forth in the attached COMMUNITY PROPERTY DECLARATION (FL-160). 55 Petitioner requests that the Court confirm the separate property assets and/or debts as set 66 forth in the attached SEPARATE PROPERTYATTACHMENT.

77 8. OTHER ORDERS (Optional)

Petitioner requests that the Court make other orders as set forth on OTHER ORDERS 88

attachment.

99 I declare under penalty of perjury under the laws of the State of California that the above stated facts are true and correct. 1010 Dated: ____________________________________________(Sign) __________________________________(Print name), Petitioner 1111

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 CHILD SUPPORT (Use this attachment if the Department of Child Support Services is NOT involved 22 in your case AND no prior court order has been entered. SELECT ONLY ONE.)

33 The Petitioner requests that the Court order Petitioner Respondent to pay the sum of 44 $_________________ per month for child support to Petitioner Respondent, payable on the first day of each month commencing __________________. A computer calculation printout is attached 55 as Exhibit A.

66 Petitioner requests that the obligation to pay child support shall continue until further order of the Court, or until the child(ren) marries, dies, is emancipated, or reaches age 18. The duty of support continues as to 77 an unmarried child(ren) who has attained the age of 18 years, if a full-time high school student, and resides with a parent, until the time the child completes the 12 th grade or attained the age of 19 years, 88 whichever first occurs. 99

1010 Petitioner requests that the Court order that child support is RESERVED effective forthwith upon entry of Judgment. The request is being made without coercion or duress and in the best interest of the 1111 children involved as their needs will be adequately met. The right to support has not been assigned to the County pursuant to Section 11477 of the Welfare and Institutions Code and no public assistance 1212 application is pending. A computer calculation printout is attached as Exhibit A.

1313 Petitioner requests that the obligation to pay child support shall continue until further order of the Court, or until the child(ren) marries, dies, is emancipated, or reaches age 18. The duty of support continues as to 1414 an unmarried child(ren) who has attained the age of 18 years, if a full-time high school student, and resides with a parent, until the time the child completes the 12 th grade or attained the age of 19 years, 1515 whichever first occurs.

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 CHILD SUPPORT (Use this attachment ONLY if the Department of Child Support Services has established a support order) 22 Petitioner requests that the Court find the matter of child support is currently assigned to the County 33 of Stanislaus. This case is currently enforced by the Department of Child Support Services under the jurisdiction of Superior Court case #________________, entitled 44 __________________________________ vs. ________________________, in the amount of $ per month. 55

Petitioner requests that the Court finds that sufficient notice has been given and payment shall be made 66 to the Department of Child Support Services. Only payments made to the Department of Child Support Services shall be considered as payments towards the above obligation. 77

Petitioner requests that Respondent shall apply for, obtain, and maintain health insurance coverage of the 88 minor if it is available at no or reasonable costs, and notify the Department of Child Support Services or

99 the local child support agency within 30 days of obtaining such insurance coverage. A health insurance coverage assignment shall issue as provided by law. 1010 Petitioner requests that Petitioner and Respondent are ordered to notify the Department of Child Support 1111 Services of any change of address, employment, or employment status within 10 days of such change.

1212 Petitioner requests that the obligation to pay child support shall continue until further order of the Court, or until the child(ren) marries, dies, is emancipated, or reaches age 18. The duty of support continues as to 1313 an unmarried child(ren) who has attained the age of 18 years, if a full-time high school student, and resides with a parent, until the time the child completes the 12 th grade or attained the age of 19 years, 1414 whichever first occurs.

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 CHILD SUPPORT (Use this attachment ONLY if you are receiving public assistance and the 22 Department of Child Support Services has not yet established a support order)

Petitioner requests that the Court find the matter of child support is currently assigned to the County 33

of Stanislaus. This case is pending enforcement by the Department of Child Support Services. A

44 Superior Court case WILL BE DETERMINED in the monthly amount TO BE DETERMINED.

55 Petitioner requests that the Court finds that sufficient notice has been given and payment shall be made to the Department of Child Support Services. Only payments made to the Department of Child 66 Support Services shall be considered as payments towards the above obligation.

77 Petitioner requests that Respondent shall apply for, obtain, and maintain health insurance coverage of the minor if it is available at no or reasonable costs, and notify the Department of Child Support Services or 88 the local child support agency within 30 days of obtaining such insurance coverage. A health insurance coverage assignment shall issue as provided by law. 99 Petitioner requests that Petitioner and Respondent are ordered to notify the Department of Child Support 1010 Services or the local child support agency of any change of address, employment, or employment status within 10 days of such change. 1111

Petitioner requests that the obligation to pay child support shall continue until further order of the Court, or

1212 until the child(ren) marries, dies, is emancipated, or reaches age 18. The duty of support continues as to an unmarried child(ren) who has attained the age of 18 years, if a full-time high school student, and 1313 th resides with a parent, until the time the child completes the 12 grade or attained the age of 19 years, whichever first occurs.1414

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 SPOUSAL SUPPORT QUESTIONNAIRE (Complete if requesting a permanent spousal support order) 22 The Petitioner requests spousal support commencing (date) ________________, in the amount TO BE 33 DETERMINED by court based upon the following facts:

EARNING CAPACITY/MARITAL STANDARD OF LIVING: 44

Marketable skills:

55 I have the following job skills: 66 ____________________________________________________________________________________

77 ____________________________________________________________________________________ ____________________________________________________________________________________ 88

Job market for those skills:

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I am currently employed with (employer’s name) __________________________________________

1010 _______________________________________ and have been since (date) __. My 1111 position there is as a (position title) ________________________________ earning $ per

hour/week/month.

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I am currently unemployed. I am making the following attempts to seek employment:1313

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1414 ____________________________________________________________________________________ 1515 ____________________________________________________________________________________

1616 I have been unable to find employment that utilizes my marketable job skills for the following reasons: (Describe the possible need for retraining or education to get more marketable skills or employment, the time and expense to get 1717 education/training to develop skills, and if your earning ability was impaired by periods of unemployment during the marriage devoted to domestic duties.) ____________________________________________________________________________________1818 ____________________________________________________________________________________ 1919 ____________________________________________________________________________________

2020 CONTRIBUTIONS TO SUPPORTING SPOUSE: 2121 During the marriage I contributed to the education, training, career, or license of my spouse or partner as follows:2222 ____________________________________________________________________________________

2323 ____________________________________________________________________________________

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 ABILITY TO PAY/EARNING CAPACITY:

22 The other party has the ability to pay spousal support because: (Describe current employment and earning capacity, all other sources of income other than employment and their current standard of living.) 33 ____________________________________________________________________________________

____________________________________________________________________________________ 44

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55 NEEDS OF EACH PARTY/MARITAL STANDARD OF LIVING: 66 During the marriage I was able to do the following which I am currently unable to do without an order for 77 spousal support: (Describe whether you were able to buy property, vehicles or other assets; if you took vacations, had club memberships, etc.; and, if you were able to build a savings or incurred debt.)

88 ____________________________________________________________________________________ 99 ____________________________________________________________________________________ ____________________________________________________________________________________ 1010

OBLIGATIONS AND ASSETS:

1111 I currently have the following assets and obligations: 1212 ____________________________________________________________________________________

1313 ____________________________________________________________________________________

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1515 The other party has the following assets and obligations: ____________________________________________________________________________________ 1616 ____________________________________________________________________________________

____________________________________________________________________________________1717

1818 DURATION OF MARRIAGE:

1919 We were married on _________________, and separated on ___________________, which is _______

year(s) and _______ month(s) of marriage.

2020

2121 GAINFUL EMPLOYMENT/INTERESTS OF CHILDREN:

My ability to work will will not unduly interfere with the interests of the dependent children in my2222
custody because:
____________________________________________________________________________________

2323 ____________________________________________________________________________________ 2424 ____________________________________________________________________________________

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 AGE AND HEALTH: 22 I am _________ years old and my health is as follows: ____________________________________________________________________________________ 33 ____________________________________________________________________________________ 44 ____________________________________________________________________________________

55 The other party is ________ years old and his her health is as follows:

66 ____________________________________________________________________________________ ____________________________________________________________________________________ 77 ____________________________________________________________________________________

88 HISTORY OF DOMESTIC VIOLENCE: 99 There is is not a history of domestic violence between myself and the other party which has been documented by the following: (Describe any restraining orders, arrests, convictions and any emotional distress and1010 consequences of such violence against you by the other party.)

1111 ____________________________________________________________________________________

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1212 ____________________________________________________________________________________ 1313 TAX CONSEQUENCES: 1414 I understand that any award of spousal support will be tax deductible to the other party and will be taxable 1515 to me.

BALANCE OF HARDSHIPS:1616

I understand that the court will be considering the status of both parties based upon the information

1717 contained herein.

1818 GOAL OF BECOMING SELF-SUPPORTING:

1919 I understand that it is the goal of the State of California that a supported party will be self-supporting within a “reasonable period of time” and except in marriages of long duration (10 years or more, or as 2020 determined by the court), a “reasonable period of time” to be self-supporting may be one-half the length of the marriage (calculated from date of marriage to date of separation) or as determined by the court. 2121 JUST AND EQUITABLE:

2222 In considering this request, I ask the court to consider the following additional factors: (Describe any other factors you would like the court to know in making its order.) 2323 ____________________________________________________________________________________

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2424 ____________________________________________________________________________________ 2525

Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 COMMUNITY ASSETS AND DEBTS 22 Petitioner requests that the Court order the community assets and or debts are divided as follows:

33 Petitioner be awarded the following community assets and or debts as his/her sole and separate 44 property:

55 Description of Asset/Debt Market Value Loan or Debt Net Value - = 66 - = - = 77 - = - = 88 - = - = 99 - = - = 1010 - = Total awarded to Petitioner: $ 1111

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1313 Respondent be awarded the following community assets and or debts as his/her sole and separate property: 1414 Description of Asset/Debt Market Value Loan or Debt Net Value 1515 - = - = 1616 - = - = 1717 - = - = 1818 - = - = 1919 - = - = 2020 Total awarded to Respondent: $

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 EQUALIZATION OF PROPERTY DIVISION 22

33 Equalizing Amount (Check and complete only if property division was unequal)

Petitioner requests that the Court find the division of assets and debts results in 44
Petitioner Respondent receiving $_______________ more in net assets and debts

55 resulting in an equalization payment due to Petitioner Respondent in the amount of

$______________ which is one-half the difference between the total net assets and debts going 66 to each party.

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Payment Terms (Check and complete if you are NOT waiving an equalizing payment) 88

99 In order to equalize the division of assets and debts, Petitioner Respondent requests

that Petitioner Respondent pay the sum of $_______________, payable as follows:

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1111 $__________ per month commencing within thirty (30) days of entry of judgment

until paid in full.1212

Per the following terms:

1313 _______________________________________________________________________

_______________________________________________________________________1414

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Waiver of Equalizing Payment (Check box below if you are waiving the right to receive an equalizing payment. Note: you1616 CANNOT waive the Respondent’s right to receive an equalizing payment.)

1717 Petitioner requests that the Court find the division of assets and debts results in Respondent

more in net assets and debts than the other party. Petitioner knowingly, freely and without duress1818 or undo pressure WAIVES and releases all rights and claims to receive an equalizing payment

1919 from the other party at any time.

2020 Equal Division (Check if the division of property was equal) 2121 Petitioner acknowledges the division of community assets and debts constitutes an equal 2222 division of property.

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 RETIREMENT BENEFITS

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33 WAIVER OF RETIREMENT BENEFITS

Petitioner requests that the Court order that all benefits accrued during the marriage, now or in the future

44 by Respondent under the employee benefit plan: 55

66 ___________________________________________________________________________________, [Name of pension or other employee benefit plan] 77 based on Respondent’s employment with ________________________________________________,

shall be awarded to Respondent as his/her sole and separate property. Petitioner will not assert any 88 claim to these benefits, and WAIVES and releases all claims, rights, and interest in and to these benefits

99 under the plan, including, but not limited to, survivor benefits and agrees to execute all documents 1010 required by the Plan or employer to release said interest.

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1212 DIVISION OF RETIREMENT BENEFITS 1313 Petitioner requests that the Court find that based on Petitioner’s Respondent’s employment with

1414 ______________________________________________________, during the marriage, a community

interest has arisen in the following plan:

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1616 ___________________________________________________________________________________, [Name of pension or other employee benefit plan] 1717 The parties shall cooperate in the preparation of a Qualified Domestic Relations Order (QDRO) or

retirement benefits order for each plan, which proposed order(s) shall set forth the respective community1818 interests of the parties and govern the disposition of benefits upon qualification by the plan(s) based upon

1919 the time rule. The court shall reserve jurisdiction over the preparation of the order(s), and division of said 2020 retirement benefits.

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 SEPARATE PROPERTY

22 Petitioner requests that the Court find the following assets and or debts shall be established as Petitioner’s separate property: 33 Description of Asset/Debt Date Why do you believe this is Separate Property? 44 Acquired (Examples: Acquired prior to Marriage, After Separation, Inheritance, Gift or Bequest) 55

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1313 Petitioner requests that the Court find the following assets and or debts shall be established as Respondent’s separate property: 1414

Description of Asset/Debt Date Why do you believe this is Separate Property?

1515 Acquired (Examples: Acquired prior to Marriage, After Separation, Inheritance, Gift or Bequest) 1616

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___

__________________________ vs. ________________________ Case No. _______________

11 OTHER ORDERS:

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Pre-Hearing Statement
Local Form FL-0002 Rev. 7/2012 Page ___ of ___