El Dorado — Stipulation and Order

Source: https://www.eldorado.courts.ca.gov/system/files/forms-and-filings/f-83-stipulation-and-order.pdf

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

TELEPHONE NO.: FAX NO.: EMAIL ADDRESS:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO

Placerville Branch South Lake Tahoe Branch
2850 Fairlane Court 1354 Johnson Blvd.
Placerville, CA 95667 South Lake Tahoe, CA 96150

PETITIONER/PLAINTIFF: CASE NUMBER:

RESPONDENT/DEFENDANT:

STIPULATION AND ORDER (Family Law)

Plaintiff/Petitioner: ❑ Present ❑ Not Present; Represented by Attorney

Defendant/Respondent: ❑ Present ❑ Not Present; Represented by Attorney

Claimant/Minor: ❑ Present ❑ Not Present; Represented by Attorney:

THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS: ❑ Original ❑ Modification

1. ❑ CHILD CUSTODY: This court has jurisdiction to make child custody orders in this case under the Uniform Child Custody Jurisdiction and Enforcement Act (California Family Code §3400, et seq.) The responding party was given notice and an opportunity to be heard as provided by the laws of the State of California. The country of habitual residence of the child(ren) is the United States of America or ❑ other: (Family Code §§3400-3465).

The parties agree to the following custody arrangement: Legal Custody: ❑ Joint; ❑ Sole to _______________________ Physical Custody: ❑ Joint; ❑ Sole to _____________________ ❑ Childs Name: ___________Date of Birth: __________ ❑ Childs Name: ___________Date of Birth: _____________ ❑ Childs Name: ___________Date of Birth: __________ ❑ Childs Name: ___________Date of Birth: _____________ Parenting Time/Visitation to ❑Petitioner; ❑ Respondent; ❑reasonable; as set forth in the attached Child Custody and Visitation Parenting Time schedule (❑FL-341, ❑FL-341a, ❑FL-341b, ❑FL-341c, ❑FL-341d, ❑FL-341e) ❑ as follows:

❑ Absent written agreement, a parent intending to change the residence of a child for more than 30 days will provide the other parent at least 45 days advance notice of the proposed change in residence. ❑ Neither party shall remove a child from the State of California for purposes of changing a child’s residence without written agreement from the other party or court order.

2. ❑ CHILD SUPPORT: ❑ Petitioner ❑ Respondent will pay to ❑ Petitioner ❑ Respondent $ per month as and for the support of the minor child(ren), (allocated ), beginning on (date) , and payable on the day of each month by wage assignment and payable directly to the ❑ Petitioner ❑ Respondent until wage assignment is effective.

All child support payments shall continue until further order of the court, or until the child(ren) marries, dies, is emancipated, reaches age 19, or reaches 18 and is not a full-time high school student, whichever occurs first.

The parties acknowledge that they are fully informed of their rights concerning child support, including the right to have child support awarded in accordance with legislatively determined guidelines.

Optional Use Stipulation and Order Page 1 of 3 Local Form F-83 (Family Law) Revised 03-23-2023

Case Name: Case Number:

Both parties shall file with the Court and serve on the other party within 10 days, an appropriate pleading advising of any changes in income, place of residence, and/or change in employment, including the new address and phone number. If a child support payment is made to the local child support agency, (El Dorado County Department of Child Support Services), the parties also shall notify the El Dorado County Department of Child Support Services and the other parent of any change of the name and address of his or her current employer. (Family Code §4014).

The parties declare that (1) this order is being agreed to without coercion or duress; (2) the agreement is in the best interests of the child(ren) involved and (3) the needs of the child(ren) will be adequately met by the stipulated amount.

The right to support has not been assigned to a county pursuant to 11477 of the Welfare and Institutions Code and no public assistance application is pending.

❑This stipulated order for child support is based upon Petitioner’s gross monthly wages: $ Respondent’s gross monthly wages: $ ; parenting time of Petitioner_______% Respondent________%. ❑ Computerized guideline support calculation attached.

❑ Petitioner ❑ RespondentRespondent ❑ both parents will maintain for the benefit of the minor child(ren) health care coverage available at a reasonable cost through employment. The parties will pay equally all non-covered medical, dental, vision (and the following, which are checked): ❑ Prescription ❑ Orthodontic ❑ Mental health care charges reasonably incurred on behalf of the minor child(ren).

❑ As additional child support, the parties will pay costs of day care incurred to permit employment or reasonably necessary job training as follows: ❑ Mother must pay: % of total or ❑ $__ per month childcare costs. ❑ Father must pay: % of total or ❑ $__ per month childcare costs. ❑ Current cost is: $ . ❑ Costs to be paid as follows: ❑ payment made directly to provider. ❑ payment made through a wage assignment order. ❑ payment made directly to Petitioner/Respondent.

3. ❑ SPOUSAL SUPPORT: ❑ Petitioner ❑ Respondent will pay to ❑ Petitioner ❑ Respondent $ per month beginning , payable on the ____ day of each month by wage assignment and payable directly to ❑ Petitioner ❑ Respondent until wage assignment is effective. Spousal support is payable until the death of either party, the remarriage of the recipient, or further order of the court.

4. ❑ ATTORNEY’S FEES AND COSTS: The parties agree that ❑ Petitioner ❑ Respondent will pay to ❑ Petitioner ❑ Respondent (attorney for ❑ Petitioner ❑ Respondent) $ _________ for attorney’s fees and $________ for costs, payable by the ______of each month and continuing until paid in full at the rate of $ per month commencing on _____________; the entire balance will become due if any payment is not made within ten (10) days of the due date.

5. ❑ PROPERTY RESTRAINT: Each party is restrained from transferring, encumbering, hypothecating, concealing or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, except in the usual course of business or for the necessities of life.

Each party is restrained from cashing, borrowing against, canceling, transferring, and disposing of, of changing the beneficiaries of any insurance or other coverage including life, health, automobile, and disability held for the benefit of t he parties or their minor child (ren). Neither party will incur any debts or liabilities on which the other may be held responsible, other than in the ordinary course of business or for the necessities of life.

6.6. ❑ EXCLUSIVE USE OF PROPERTY: ❑ Petitioner ❑ Respondent will receive the exclusive temporary use and possession of the following property subject to the following described conditions, if any:

Optional Use Stipulation and Order Page 2 of 3 Local Form F-83 (Family Law) Revised 03-23-2023

Case Name: Case Number:

7. ❑ OTHER ORDERS:

OTHER ORDERS CONTINUED:

8. HEARING DATE IS CONTINUED TO: _______________________ at a.m./p.m. Dept. ______

   SIGNATURE OF PARTIES

I have read the entire stipulation and agreement consisting of _____ pages. I understand and request that this stipulation and agreement be incorporated by the court as its order. I agree that the court will reserve jurisdiction over all matters before the court not resolved by this agreement. I understand that willful failure to comply with the provisions of this order may constitute contempt of court and may be punished by fine and/or imprisonment. I waive any and all rights to formal notice

SIGNof this order.

(Date) (Petitioner)

SIGN

(Date) (Respondent)

SIGN

(Date) (Claimant)

APPROVED AS TO FORM AND CONTENT: SIGN

(Date) Attorney for Petitioner

SIGN

(Date) Attorney for Respondent

SIGN

(Date) Attorney for Claimant/Minor’s Counsel

PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED:

(Date) JUDGE OF THE SUPERIOR COURT Optional Use Stipulation and Order Page 3 of 3 Local Form F-83 (Family Law) Revised 03-23-2023