Merced — MSC-FL-032

Source: https://www.merced.courts.ca.gov/system/files/msc-fl-032-statement-issues-and-contentions-rev-712019.pdf

1 Name:

Address: 2
Telephone: ( )

3 E-Mail address: 4

5 In Pro Per

6

7

8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MERCED 9

10 IN RE: MARRIAGE OF: ) CASE No.: ) 11 ) PETITIONER'S RESPONDENT'S Petitioner: ________________________ ) STATEMENT OF ISSUES AND 12 ) CONTENTIONS v. ) 13 ) Trial Date: Respondent: ______________________ ) Time:14 ) Courtroom: 7 15 I am the Petitioner Respondent and hereby submit my Statement of Issues, Contentions and

16 Proposed Disposition of the case in the above-captioned matter as follows:

17 A. PRELIMINARY INFORMATION

18 Date of Marriage Date of Separation: Length of Marriage: years months

19 Date Petition Filed: . Date Respondent served with Summons and Petition: .

20 FL-141 (Declaration Regarding Service of Declaration of Disclosure) filed?

21 Petitioner: Yes No Respondent Yes No

22 Issues to be considered by the Court (check those that apply):

23 Dissolution of the Marriage 24 Child Custody Child Support 25 Spousal Support 26 Property Division and Equalization 27 Assignment of Debts

28 Other (specify)

For Optional Use STATEMENT OF ISSUES AND Page 1 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS

1 B. AGREEMENTS, STIPULATIONS AND ORDERS

2 There are no agreements between the parties

3 The parties have the following agreements: _

4

5 see attached.

6 There are no current orders in this case.

7 There are current orders in this (or another) case on the following issues:

8 Custody and Visitation Child Support Spousal Support

9 Property Division and Equalization Assignment of Debts

10 Other: (specify)

11

12 C. CHILDREN OF THE RELATIONSHIP

13 Provide the following information regarding minor children of the relationship:

14 Name Date of Birth Age

15

16

17

18 Check here and attach list of additional children on "Attachment – Additional Children"

19 In Present Custody of Petitioner Respondent OtherOtherOther .

20

21 D. HISTORY OF DOMESTIC VIOLENCE (Complete in all cases) 22

23 There has been no history of domestic violence between the parties.

24 There has been a history of domestic violence, but neither party has a Domestic Violence Restraining

25 Order in place at this time.

26 There is a Domestic Violence Restraining Order in place against Petitioner Respondent

27 (Attach a copy).

28

For Optional Use STATEMENT OF ISSUES AND Page 2 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS

1 E. CHILD CUSTODY AND VISITATION (Complete if child custody or child support is in issue) 2 The current custody and/or visitation order is as follows: 3

4 No order. See attached. 5 The current custody and/or visitation arrangements presently being followed by me and the other 6 parent are as follows: 7

8

9 The parties have been to a Child Custody Recommending Counseling session (i.e. mediation). The 10 report has been completed, dated is expected to be completed on . The Family Court Services report recommends the following custody/visitation:11

12

13

14 I request that the current custody and visitation orders remain the same. I request that the Court adopt the CCRC Recommendation. 15 I request the following custody orders: 16 Sole Physical Custody to Petitioner Respondent Joint Physical Custody 17 Sole Legal Custody to Petitioner Respondent Joint Legal Custody18 Other: 19

20

21 I request the following visitation orders: 22

23

24

25 I request the court to consider the following facts in making any custody/visitation orders: 26

27

28

For Optional Use STATEMENT OF ISSUES AND Page 3 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS

1 F. SEPARATE PROPERTY AND DEBTS (Complete if Property Division is an issue) 2

3 There are no separate property assets or debts to be disposed of by the Court.

4 There are currently the following orders regarding separate property:

5 See attached.

6

7 To the best of my knowledge, there are the following separate property assets and/or debts:

8 Description of Item/Debt: Estimated Net Value/Amount Owed: Belongs to:

9 1.

10 2.

11 3.

12 4.

13 5.

14 Continued on other attachment.

15 Separate property and its proposed division are set forth on the attached FL-160 other

16

17 G. COMMUNITY PROPERTY AND DEBTS (Complete if Property Division is an issue) 18

There are no community property assets or debts to be disposed of by the Court.19

There are currently the following orders regarding community property:20

See attached.21

The parties have an agreement concerning property or debts to be awarded to:22

Petitioner Respondent as follows:23

24

25

See attached.26

27

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For Optional Use STATEMENT OF ISSUES AND Page 4 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS

1 We have community property assets and/or debts. I propose the following property division:

2 Description of Item/Debt: Estimated Net Value/Amount Owed: Award to:

3 1.

4 2.

5 3.

6 4.

7 5.

8 Continued on other attachment

9 Community property and its proposed division are set forth on the attached FL-160 other

10 Total value awarded to Petitioner: $ Total value awarded to Respondent: $ .

11

12 H. FUNDS HELD BY OTHERS

13 There are no funds held by others

14 Petitioner Respondent has a retirement plan, profit sharing plan, or pension plan as follows:

15 Entity Maintaining Plan Identifying Information Current Value How Calculated

16

17

18 See attached

19 My interest in the plan is the following:

20

21 The following funds (e.g. trust funds) are held by others:

22 Entity Maintaining Plan Identifying Information Current Value How Calculated

23

24

25

26 See attached

27 My interest in the funds is the following:

28

For Optional Use STATEMENT OF ISSUES AND Page 5 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS

1 I. TRACING

2 There are no issues regarding tracing in this case.

3 An item or items of property was/were acquired by Petitioner Respondent using money or

4 other property which was the sole (separate) property of just one of us.

5

6 Property How Acquired What funds or property used to acquire

7

8

9

10 See attached

11

12 J. REIMBURSEMENT CREDITS 13 Petitioner Respondent has made payments after separation on debts shared by the parties: 14

15 Creditor Name Date of Payment Amount Paid

16 1. $

17 2. $

18 3. $ 19 4. $ 20 See attached

21

22 K. CURRENT INCOME AND EXPENSES (Complete in all cases) 23 A completed Income and Expense Declaration is attached was filed on was served 24 with the financial disclosures on (date). 25

26

27

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For Optional Use STATEMENT OF ISSUES AND Page 6 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS

1 L. CHILD SUPPORT (Complete in all cases where child custody or child support is in issue) 2

3 There are no current child support orders.

4 There is presently an order from (issuing court) for payment of child support,

5 payable by to in the amount of .

6 The order is dated . See attached.

7 Petitioner Respondent currently pays for day care for work. The monthly cost is $ .

8

9 Future Child Support:

10 I request that the other party continue to begin to pay child support in the same amount

11 in the amount of .

12 I request that the current child support order remain the same.

13 I request that the Court order Petitioner Respondent to pay child support to me as follows:

14 . See attached.

15 My income is $ . I believe the other party's income is $ .

16 The amount of time the child(ren) spend(s) with each parent is: Father % Mother %

17 I request the court to consider the following facts in making any child support orders:

18

19

20

21

22

23

24 The Department of Child Support Services (DCSS) is is not involved in collecting my child

25 support.

26

27

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For Optional Use STATEMENT OF ISSUES AND Page 7 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS

1 M. SPOUSAL SUPPORT (Complete if Spousal Support is in issue) 2

3 There is is not currently an order for payment of spousal support, payable by

4 to in the amount of $ per month. The order is dated .

5 Future Spousal Support:

6 I request that Spousal Support to me the other party be ordered continued changed

7 to $ terminated because:

8

9

10 11 N. ATTORNEY FEES AND COSTS (Complete if Seeking Reimbursement) 12 I am not requesting any attorney fees or costs from the other party. 13 I am requesting attorney fees or costs from the other party as described below: 14 Description of Item Amount Date Incurred 15 1. $ 16 2. $ 3. $ 17 4. $ 5. $ 18 See attached list 19 O. OTHER ISSUES20 I request that the Court consider/address the following additional issues at hearing:21

22

23

24 See attached list 25

26 I declare under penalty of perjury that the foregoing is true and complete.

27

SIGN

28 Date: (Date signed) (Signature) Petitioner Respondent

For Optional Use STATEMENT OF ISSUES AND Page 8 of 8
MSC-FL-032 [Rev. Jul. 1, 2019] CONTENTIONS