Solano — Order After Hearing/Stipulation & Order

Solano — Order After Hearing/Stipulation & Order¶

Source: https://solano.courts.ca.gov/system/files/sl-300.pdf

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SUPERIOR COURT OF CALIFORNIA COUNTY OF SOLANO

In re the Marriage of: Case No. ___________________

Petitioner: __________________________________ ORDER AFTER HEARING

and STIPULATION & ORDER ON ORDER TO SHOW CAUSE Respondent: ________________________________ NOTICE OF MOTION ________________________________________/ REVIEW

Date: _________________

Time: _________________

Dept: _________________

Petitioner Husband Wife, present not present,

represented by Attorney ________________________________________.

Respondent Husband Wife, present not present,

represented by Attorney ________________________________________.

THE PARTIES HEREBY STIPULATE AND AGREE that as to the items checked below the Court shall make the following:

Temporary order pending trial or further order of the Court

Order modifying existing order

Order modifying all previous orders

PRIOR ORDERS.

All prior orders shall remain in effect except as modified by this Stipulation and Order.

___________________________________________________________________ 1

Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

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In re the Marriage of: _____________________________ No. ________________ Date: ___________________

MANDATORY FINDINGS BY THE COURT:

JURISDICTION: This Court has jurisdiction to make child custody orders in this case under the

Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 of the California Family Code

commencing with Section 3400).

NOTICE AND OPPORTUNITY TO BE HEARD: The responding party was given notice and an

opportunity to be heard as provided by the laws of the State of California.

COUNTRY OF HABITUAL RESIDENCE: The country of habitual residence of the child or

children in this case is the United States of America other (specify): ________________

PENALTIES FOR VIOLATING THIS ORDER: If you violate this order, you may be subject to

civil or criminal penalties, or both.

Child custody and visitation rights of each party are as set forth in this order.

2. CUSTODY AND VISITATION.

2a. Custody and/or visitation shall be as stated in the Family Court Services mediation

report dated . The parties shall comply with the terms of the
recommendations / agreements as specifically set forth in Exhibit “A” attached hereto
which shall be incorporated by reference, save and except as follows (if no changes
write “NONE”):
________________________________________________

_____________________________________________________________________

per Attachment (describe): ________________________________________________

______________________________________________________________________

2b. LEGAL CUSTODY of the minor child(ren) is awarded jointly, to Mother Father.

PHYSICAL CUSTODY of the minor child(ren) is awarded
jointly, to Mother Father.

Primary residence of the minor child(ren) is awarded jointly, to Mother Father.

2c. VISITATION / PERIODS OF CUSTODY: Mother Father, shall have
visitation supervised visitation as set forth in the attached Supervised Visitation
Order (Judicial Council form FL-345(A) OR periods of physical custody, as follows:
______________________________________________________________________
______________________________________________________________________

per Attachment (describe): ________________________________________________

_____________________________________________________________________

The other party shall have custody at all other times. Each parent must notify the other parent of
any change of address during the minority of the child(ren) in writing within five (5) days of any
change.

___________________________________________________________________ 2

Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →

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In re the Marriage of: _____________________________ No. ________________ Date: ___________________

3. CUSTODY INVESTIGATION.

The matter is referred to ________________________________________________ for an
investigation and report on custody and/or visitation. The Court shall retain jurisdiction to
allocate costs. The Court sets this matter for receipt of the child custody / visitation report for

______________________ at 8:30 a.m. and continues said issues to that date and time.

4. FAMILY MEDIATION.

The matter is referred to Family Court Services for mediation regarding custody and/or visitation,
and Mother Father both parties, shall contact Family Court Services forthwith.

5. RESTRAINING ORDERS RELATED TO CHILDREN.

Both parties are enjoined and restrained from:

5a. Removing the minor child(ren) from _____________________________ except on
order of Court or with prior written consent of the other party.

5b. Making derogatory remarks to or about the other in the presence of the minor
child(ren) and/or allowing others to do so.

5c. Discussing with the minor child(ren) or in their presence any issue relating to the parties’
dissolution of marriage, including but not limited to, issues of custody and visitation.

5d. Inflicting corporal punishment upon their minor child(ren), or allowing any third party to
do so.

5e. Providing their minor child(ren) or any third party with any mediation report and/or
evaluation report, either whole or in part.

5f. Other (describe): ________________________________________________________

______________________________________________________________________

CHILD ABDUCTION PREVENTION ORDERS.

The Court finds that there is a risk that (name of parent):___________________________

might take the children without permission and hereby attaches the Child Abduction Prevention Orders Attachment (Judicial Council Form FL-341(B)) to this order and makes it a part of this order.

CHILD SUPPORT.

6a. The parties are fully informed of their rights concerning child support under Part 2 of Division 9 of the Family Code (beginning with §3900). They make this agreement freely, without coercion or duress. The needs of their child(ren) will be adequately met by the stipulated amount of support under this agreement. This agreement is in the best interests of the child(ren) involved. The right to support has not been assigned to any county and no application for public assistance is pending in ____________________ County.

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Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →

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In re the Marriage of: _____________________________ No. ________________ Date: ___________________

(6. Child Support continued)

The right to support has been assigned and/or an application for public assistance is

pending in ____________________ County, Local Child Support Agency,

Case No. ____________________.

6b. PURSUANT TO CALIFORNIA FAMILY CODE §4053-4062, THE COURT
FINDS THAT:

Mother’s gross monthly income is $ _____________, her monthly deductions are

$ ___________, and her net monthly disposable income is $ _______________.

Mother’s federal income tax filing status is _________________ with ________
exemptions.

Father’s gross monthly income is $ _____________, his monthly deductions are

$ ___________, and his net monthly disposable income is $ _______________.

Father’s federal income tax filing status is _________________ with ________
exemptions.

Mother has primary physical custody of the child(ren) _________% of the time and

Father has primary physical custody of the child(ren) _________% of the time.

The statewide uniform guideline child support is:
as described in the attached DissoMaster printout

$ ____________ per month, plus

$ ___________ per month further for:
necessary child care costs
uninsured health care costs

The Court orders the following additional child support payable

by ____________________ to ______________________ for:

educational or other special needs at $ _______________ per month

travel expenses at $ _____________ per month

The presumption provided by California Family Code §4054 is rebutted because the
following admissible evidence is applicable by a preponderance of the evidence:

The parties have stipulated to a different amount of child support.

Facts and information on the attached DissoMaster are incorporated
by reference.

___________________________________________________________________ 4

Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →

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In re the Marriage of: _____________________________ No. ________________ Date: ___________________

(6. Child Support continued)

6c. Mother Father, shall pay to Mother Father, the sum of:

Child Care Costs as for
Child Support Additional Child Support Total Child’s Name

$ ____________ $ ____________ $ ___________ ______________________

for a grand total of $ ____________ per month,
payable on the _________________ ½ on the 1 st and ½ on the 15 th , of each month,

commencing ______________________, and continuing monthly thereafter until each child
marries, dies, is emancipated, reaches 19, or reaches 18 and is not a full-time high school
student residing with a parent, or further order of the Court, whichever occurs first.

6d. Mother Father, shall pay the monthly child care costs directly to the child care
provider when due.

6e. Mother Father, shall pay _______% of the monthly child care costs related to work
and/or education.

6f. Mother Father, shall pay _______% of the following monthly costs for the minor

child(ren): ______________________________________________________________

6g. Mother Father, shall apply for and/or maintain health insurance coverage for their
minor child(ren) when such coverage is available to her/him at no cost or at reasonable
cost. Mother Father, is hereby notified that a health insurance coverage
assignment may be obtained without further notice to him/her in the event of a default in
instituting coverage pursuant to this paragraph. Uncovered medical / ordinary dental
and/or vision costs for the minor child(ren) shall be paid as follows:

_______% by Mother _______% by Father

7. SPOUSAL / FAMILY SUPPORT.

Husband Wife, shall pay spousal family, support of $ ____________ per month,
payable on _______________________ ½ on the 1 st and ½ on the 15 th , of each month,

commencing ________________________. Such support shall terminate upon the death of the
payor and/or payee unless otherwise provided. Support paid pursuant to this provision shall be
declared as taxable income by the payee and shall be fully deductible by the payor.

8. WAGE ASSIGNMENT.

“Payor” is ___________________________ and “Payee” is _____________________________.

8a. A wage assignment for child spousal family, support shall issue on the appropriate Judicial Council form. Until the wage assignment actually takes effect, the

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Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →

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In re the Marriage of: _____________________________ No. ________________ Date: ___________________

(8. Wage Assignment continued)

payor shall pay the support to the payee Local Child Support Agency (formerly
the District Attorney Family Support Division -- if support is payable through such office),
all support that is due, when it is due, as specified in paragraphs 6d and 7 of this Order.

8b. Service of the wage assignment for child spousal family, support shall be
stayed for the following reason(s):

The payor has a history of uninterrupted, full and timely payment of
previously ordered support in the preceding twelve (12) months.

The payor has posted with the Clerk of the Court a cash bond or cash in an
amount equal to three (3) months’ support.

The service of the wage assignment would cause extraordinary hardship

upon the payor. The stay shall terminate upon _______________________

____________________________________________________________.

By agreement of the parties.

8c. The stay of the service of the wage assignment order shall terminate upon the payor’s
failure to make timely support payments. The payee shall file a declaration signed
under penalty of perjury that the payor is in arrears in payment of any portion of the
support. At the time of the filing of the declaration, the stay shall terminate by operation
of law without notice to the payor.

8d. The payor shall notify the payee Local Child Support Agency of any change of
employment and the name and address of his/her new employer within ten (10) days of
obtaining new employment.

Name and address of employer: _________________________________________

___________________________________________________________________

Payor’s Social Security Number: ________________________________________

Payor’s Employer I.D. Number, if any: ____________________________________

9. SUPPORT ARREARS.

9a. Support arrears are established in the total amount of $ _____________________,

exclusive of interest thereon, through __________________. Interest on said arrears

is established in the total amount of $ ___________ through ___________________.

9b. Husband/Father Wife/Mother, shall pay $ ___________ per month toward said

arrears and interest thereon beginning __________________, and continuing monthly
thereafter until said sums are paid in full.

9c. Interest shall accrue at the legal rate on the entire unpaid principal balance of the
arrears.

___________________________________________________________________ 6

Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →

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In re the Marriage of: _____________________________ No. ________________Date: ___________________

10. SUPPORT PAYMENTS THROUGH THE LOCAL CHILD SUPPORT AGENCY.
All payments for support shall be made to and through the office of the Local Child Support
Agency, 435 Executive Court North, Fairfield, CA 94534. Payor shall notify the Local Child
Support Agency of any change of address within ten (10) days thereof.

11. PAYMENTS.
The parties shall pay directly to the following creditors the installments as they become due
(itemize):
Wife shall pay the following creditors: Monthly Amount:

___________________________________________________ _______________

Husband shall pay the following creditors: Monthly Amount:

___________________________________________________ _______________

___________________________________________________ _______________
Unless otherwise specified, the paying party shall be entitled to reimbursement from
the community for payments made.

The parties shall have temporary exclusive use, possession, and control of the following
property:
Wife: ________________________________________________________________________

____________________________________________________________________________

Husband: ____________________________________________________________________

____________________________________________________________________________

13. PERSONAL PROPERTY.

Husband Wife, may go to the family home on ____________________________ for the
purpose of picking up personal property and clothing, and the following items:

___________________________________________________________________________

If the parties cannot agree as to any item to be taken, they shall prepare an inventory thereof,
each sign the same, and submit the matter to the Court for determination.

14. ATTORNEY’S FEES.

Husband Wife, shall pay to the attorney for the other party $ _____________ fees and

$ ____________ costs, payable forthwith within a reasonable time $ _________ per

month on the _________________ of each month, commencing _______________________. The Court reserves the right to make additional orders for fees and costs prior to trial. ___________________________________________________________________ 7

Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →

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In re the Marriage of: _____________________________ No. ________________ Date: ___________________

STANDARD MUTUAL RESTRAINING ORDERS.

Both parties are enjoined and restrained from:

15a. Transferring, selling, hypothecating, encumbering, concealing, or in any way disposing of any property, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life. Each party shall notify the other of any proposed extraordinary expenses and an accounting of such is to be made to the Court.

15b. Harassing, molesting, annoying or assaulting the other and from contacting the other at his/her residence or place of employment except regarding visitation or in an emergency.

15c. Cashing, borrowing against, canceling, transferring, disposing of or changing the beneficiaries of any insurance or their coverage including life, health, automobile, and disability held for the benefit of the parties or their minor child(ren).

15d. Incurring any debts or liabilities for which the other may be held responsible, other than in the ordinary course of business or for the necessities of life.

15e. Coming within ________ yards of the other’s:

Residence address: _________________________________________________

Work address: ______________________________________________________

Other: ____________________________________________________________

OTHER RESTRAINING ORDER TERMS:

15f. The parties hereby modify the automatic restraining orders issued upon the service of the summons, as follows:

15g. The automatic restraining orders issued herein shall continue in effect pending further order of the Court.

15h. The parties are enjoined and restrained from the following:

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Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →

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See Other Orders Attachment.

Attorney for Husband / Father Attorney for Wife / Mother

SIGNATURES OF PARTIES

We have read this entire stipulation and agreement. We understand it fully and request the Court

to make our stipulation and agreement the Court’s Order. We understand that willful failure to comply with the provisions of this Order will be a contempt of court and may be punished by fine and imprisonment. We waive further notice of this Order.

Husband / Father Wife / Mother

IT IS SO ORDERED.

Date: _______________________ ______________________________________ JUDGE OF THE SUPERIOR COURT

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___________________________________________________________________h fi i h d 9

Initialed: Husband / : _______ Wife / : _______ Attorney for Husband / : _______ Attorney for Wife / : _______ Father Mother Father Mother

Form #300 Rev. 12/06

Exceptions & meaning →