Rights and Responsibilities

Cal. Form L-1300

California Superior Local Rules

L-1300 (Rev. 08/27/15) Approved for Optional Use Expedited Processing Attachment and Stipulation to Dissolution or Separation Judgment Page 1 of 5 EXPEDITED PROCESSING ATTACHMENT AND STIPULATION TO DISSOLUTION OR SEPARATION JUDGMENT CASE NUMBER: WARNING: This Attachment only includes the minimum statutory requirements at the time of entry of judgment. It does not replace the stipulated judgment or other required documents. I. DISCLOSURE PURSUANT TO FC §§ 2104, 2105 The parties have fully complied with the disclosure requirements of FC §§2102, 2104 and 2105 a.

Preliminary Declaration of Disclosures Pursuant to FC §2104 Petitioner filed the Preliminary Declaration of Service (FL-141) on: _____________________ Submitted with Judgment Respondent filed the Preliminary Declaration of Service (FL-141) on: ____________________ Submitted with Judgment b.

Final Declaration of Disclosures Pursuant to FC §2105 Petitioner filed the Final Declaration of Service (FL-141) on: _______________________ Submitted with Judgment Respondent filed the Final Declaration of Service (FL-141) on: _____________________ Submitted with Judgment Mutually Waived by: use of Stipulation and Waiver of Final Declaration of Disclosure Form (FL-144) Filed on: _________________ Submitted with Judgment use of the statutory language in a separate stipulation, signed under penalty of perjury Stipulation submitted with Judgment See page _____ of Judgment II.

SPOUSAL SUPPORT PURSUANT TO FC §4336 The parties had a marriage of 10 years or more, from the date of marriage to the date of separation, and spousal support has been addressed in the Marital Settlement Agreement/Stipulated Judgment. The parties had a marriage of less than 10 years, from the date of marriage to the date of separation, and spousal support has been addressed in the Marital Settlement Agreement/Stipulated Judgment. The Parties agree to terminate the court’s jurisdiction (ability) to award spousal support. Both parties knowingly give up forever any right to receive spousal or partner support.

L-1300 (Rev. 08/27/15) Approved for Optional Use Expedited Processing Attachment and Stipulation to Dissolution or Separation Judgment Page 2 of 5 IF THERE ARE MINOR OR DEPENDENT CHILDREN OF THE MARRIAGE, COMPLETE SECTIONS III AND IV, OTHERWISE PROCEED DIRECTLY TO

SECTION V, ON PAGE 5 OF THIS FORM THERE ARE NO MINOR OR DEPENDENT CHILDREN OF THIS MARRIAGE. III. CHILD CUSTODY/VISITATION PURSUANT TO FC §3048

(1) 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).

(2) The responding party was given notice and an opportunity to be heard as provided by the laws of the State of California.

(3) The country of habitual residence of the child(ren) is: The United States Other (specify country): _____________________________________

(4) If you violate this order you may be subject to civil or criminal penalties, or both.

(5) The judgment contains a clear description of the custody and visitation rights of each party. IV. CHILD SUPPORT a. FINDINGS PURSANT TO FC §3901 and §4065

(1) The Parties are fully informed of their rights concerning child support.

(2) The order is being agreed to without coercion or duress.

(3) The agreement is in the best interests of the child(ren) involved

(4) The needs of the child(ren) will be adequately met by the stipulated amount

(5) Unless otherwise indicated, 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 application is pending. b. MONEY JUDGMENT IN COURT ORDER PURSUANT TO FC §5616 In the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support collector. This fee must not exceed 33 1/3 percent of the total amount of past due support nor may it exceed 50 percent of any fee charged by the private child support collector. The money judgment created by this provision is in favor of the private child support collector and the party receiving support, jointly.

L-1300 (Rev. 08/27/15) Approved for Optional Use Expedited Processing Attachment and Stipulation to Dissolution or Separation Judgment Page 3 of 5 _________ c. BASE CHILD SUPPORT Please check all appropriate boxes. At least one (1) box must be checked: CHILD SUPPORT IS RESERVED (If checked, skip directly to

section

V) CHILD SUPPORT SERVICES INVOLVED The parties currently have an open case with the Child Support Services (CSS) and a CSS representative has signed the proposed judgment. The parties currently have an open case with CSS, no child support orders are contained in this judgment, and the court reserves jurisdiction over the issue of child support, health insurance coverage, and additional child support. If checked, skip directly to

section V.

AGREED UPON SUPPORT Petitioner Respondent shall pay to Petitioner Respondent base child support of $ _________________ per week month, payable $ __________________ on _______________ and $ __________________ on ____________ of each week month, commencing _______________ and continuing until the child(ren) for whom support is payable: marries, dies, is emancipated, until further order of the court or, as to an unmarried child who has attained the age of 18 years old, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years old, whichever first occurs. d.

MANDATORY ADDITIONAL CHILD SUPPORT PURSUANT TO FC §4062 Petitioner Respondent shall pay child care costs related to employment or reasonably necessary education/job training: ________ % of total. in the amount of $ ___________________ per week month or No child care costs orders are contained in this judgment and the court reserves jurisdiction over the issue of child care costs. Petitioner Respondent shall pay the reasonable uninsured health care costs for the child(ren): % of total. in the amount of $ ________________ per week month or e.

DISCRETIONARY ADDITIONAL CHILD SUPPORT PURSUANT TO FC §4062 Petitioner Respondent shall pay costs related to ___________________________ ______________________________________________________________________: in the amount of $ ___________ per week month or _____ % of total.

L-1300 (Rev. 08/27/15) Approved for Optional Use Expedited Processing Attachment and Stipulation to Dissolution or Separation Judgment Page 4 of 5 f. TOTAL CHILD SUPPORT Petitioner Respondent shall pay to Petitioner Respondent base child support of $ __________ per week month, plus additional child support as specified in sections (

d) and/or (

e) on the previous page, for a total of $ ___________ per week month, payable $ ______________per week month, $ __________ on the _________ and $ ___________ on the ______________of each week month, commencing on_____________ and continuing until the child(ren) for whom support is payable: marries, dies, is emancipated, until further order of the court or, as to an unmarried child has attained the age of 18 years old, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years old, whichever first occurs. g.

REQUIRED ATTACHMENT PURSUANT TO FC §4063 and §7600 The parties have attached the following form: “Notice of Rights and Responsibilities: Health Care Costs and Reimbursement Procedures and Information sheet on Changing a Child Support Order” (Form FL-192) h. HEALTH INSURANCE COVERAGE PURSUANT TO FC §3751 If child support is not reserved, at least one (1) of the following boxes must be checked. Health insurance coverage for the minor child(ren) must be maintained by Petitioner Respondent if that insurance is available at no cost or at reasonable cost to the parent(

s) through their respective places of employment or self-employment. Both parties are ordered to cooperate in the presentation, collection, and reimbursement of any health care claims.

The parent ordered to provide health insurance must seek continuation of coverage for the child after the child attains the age when the child is no longer considered eligible for coverage as a dependent under the insurance contract, if the child is incapable of self-sustaining employment because of a physically or mentally disabling injury, illness, or condition and is chiefly dependent upon the parent providing health insurance for support and maintenance. Health Insurance is not available to the Petitioner Respondent at a reasonable cost at this time.

Should health insurance coverage become available to a parent for no or for reasonable cost, that parent must apply for that coverage. i. INCOME WITHHOLDING FOR CHILD SUPPORT PURSUANT TO FC §5230 An Income Withholding for Child Support (form FL-195) must issue. Note: The payor of child support is responsible for the payment of support directly to the recipient until support payments are deducted from the payor's wages, and for any support not paid by the assignment. j. EMPLOYER INFORMATION PURSUANT TO FC §4014 The parties must notify the other parent of the name and address of his or her current employer.

L-1300 (Rev. 08/27/15) Approved for Optional Use Expedited Processing Attachment and Stipulation to Dissolution or Separation Judgment Page 5 of 5 V. MISCELLANEOUS PROVISIONS The Marital Settlement Agreement/Stipulated Judgment that is also attached to the Judgment (form FL-180) contains further orders. All provisions are deemed incorporated into the Judgment. As to the provisions that contain a checkbox ( ✔ ), only those provisions that are checked become part of the Judgment.

If there is any express conflict between the Marital Settlement Agreement/Stipulated Judgment and this Expedited Processing Attachment, the Expedited Processing Attachment prevails. However, this Expedited Processing Attachment is not all inclusive. The fact that this Expedited Processing Attachment is less detailed is not a conflict. The Expedited Processing Attachment only includes the minimum statutory requirements at the time of entry of judgment. It does not replace the stipulated judgment or other required documents. VI.

STIPULATION FOR JUDGMENT The parties agree that the Judgment (form FL-180) and all attachments, including this Expedited Processing Attachment, contain the exact terms of the Judgment to be entered in this case. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and agreed to by: Petitioner: Date Date Approved as confirming to the agreement of the parties: Date Date Each attachment to this judgment is incorporated into this judgment, and the parties are ordered to comply with each attachment’s provisions.

Jurisdiction is reserved to make other orders necessary to carry out this judgment. Date Judge / Commissioner of the Superior Court *: If Judgment is being submitted by way of a Stipulated Default (no Response [form FL-120] or Appearance, Stipulations and Waivers [form FL-130] has been filed), then the Respondent's signature must be notarized and must comply with Civil Code §1189. Attorney for Petitioner: Attorney for Respondent: Respondent:

Document details

Collection	California Superior Local Rules
Citation	Cal. Form L-1300
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	af374f2756718311c424b25ee4592d08001b7e83

Source file is stored in the law ingest library (pdf).