Imperial — Petition and Proposed Order for Parental Support (FL-25)

Source: https://www.imperial.courts.ca.gov/system/files/fl-25.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL 939 W. MAIN STREET EL CENTRO, CA 92243

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY:

CASE NUMBER:

PETITION AND FINDINGS AND ORDER FOR PARENTAL SUPPORT

I, _____________________________, am the Petitioner in this action and I hereby apply for a court order of Parental Support and a Request for Order to issue based upon Family Code sections 4400-4405 which provide:

Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent
who is in need and unable to maintain himself or herself by work. (FC4400)

The promise of an adult child to pay for necessaries previously furnished to a parent described in Section
4400 is binding. (FC4401)

The duty of support under this part is cumulative and not in substitution for any other duty. (FC4402)

Subject to subdivision (b): (1) A parent, or the county on behalf of the parent, may bring an action
against the child to enforce the duty of support under this part. (2) If the county furnishes support to a parent,
the county has the same right as the parent to whom the support was furnished to secure reimbursement and
obtain continuing support. (b) The right of the county to proceed on behalf of the parent or to obtain
reimbursement is subject to any limitation otherwise imposed by the law of this state. (c) The court may
order the child to pay the county reasonable attorney's fees and court costs in a proceeding by the county
under this section. (FC4403)

In determining the amount to be ordered for support, the court shall consider the following circumstances of
each party (FC4404):
(a) Earning capacity and needs.
(b) Obligations and assets.
(c) Age and health.
(d) Standard of living.
(e) Other factors the court deems just and equitable.

The court retains jurisdiction to modify or terminate an order for support where justice requires. (FC4405)

I concurrently file the Summons (FL-100), Request for Order (FL-300), and Income and Expense Declaration (FL-150). I will serve a blank Income and Expense Declaration and Response to Parental Support Petition upon the Respondent(s).

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: ____________________ Signature:_______________________________ Petitioner

FL-25 (Adopted 01/01/13) PETITION FOR PARENTAL SUPPORT Page 1 of 2

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL FOR COURT USE ONLY 939 W. MAIN STREET EL CENTRO, CA 92243

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT/PARTY: CASE NUMBER:

1. THE COURT MAKES THE FOLLOWING FINDINGS: Parent Adult child Other Party Gross monthly earnings $ $ $

   Earning capacity $ $ $

   Needs Obligations: minor children legally obligated to support, other support order, other expenses, etc: Assets

   Age

   Health

   Standard of Living

   Other Factors

2. UPON GOOD CAUSE, THE PETITION FOR RELIEF OF DUTY FOR PARENTAL SUPPORT IS a. ☐ GRANTED: The Adult Child __________________________________________ shall pay as parental support to Parent :_______________________________________ the amount of $_________________ per month, beginning (date) _____________ until (end date) , payable on the (specify) ________ day of each month, or other___________________. If no termination date is specified, support shall continue until further court order. Support must be paid by check, money order, or cash. b. ☐ DENIED. c. ☐ OTHER: _________________________________________________________________.

Date: ___________________ ___________________________________________ Judge of the Superior Court

FL-25 (Adopted 01/01/13) FINDINGS AND ORDER FOR PARENTAL SUPPORT Page 2 of 2