How to Avoid Filing FL-150 in Your California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

How to Avoid Filing FL-150 in Your California Divorce

When navigating a divorce in California, the paperwork can feel overwhelming—especially when it comes to financial disclosures. One common question I encounter is how to avoid filing the Income and Expense Declaration, known as the FL-150 form, with the court. Whether you’re trying to simplify your process or maintain privacy, understanding when this form is required and when it is not can save you time and stress.

In this article, I’ll walk you through the key points about the FL-150 form, clarify when it must be filed, and share a practical workaround if you want to avoid filing it, especially when minor children are involved.

What Is the FL-150 Income and Expense Declaration?

The FL-150 is a mandatory financial disclosure form used in California divorce cases. It requires both parties to list their income, expenses, assets, and debts. The information helps the court make decisions about child support, spousal support, and division of assets.

When Is Filing the FL-150 Mandatory?

Here’s the important part: if there are no minor children involved, you are not required to file the FL-150 form with the court anywhere in California. This is great news for couples who want to keep their financial details private or simplify their divorce process when children are not a factor.

However, the rules change if minor children are involved. In cases with children, filing the FL-150 becomes mandatory if you have either a default case or a “default with written agreement” case. This is because the court needs a clear understanding of the financial situation to make appropriate child support and custody decisions.

How to Avoid Filing the FL-150 When Minor Children Are Involved

If you have minor children but want to avoid filing the Income and Expense Declaration, there is a workaround that can be effective.

  • Have the respondent file an official response. Normally, in amicable divorces, a formal response isn’t necessary. But when children are involved and you want to avoid submitting the FL-150, having the respondent file a formal response means they have made an official appearance in the case.
  • Filing the response eliminates the need to file financial declarations. Once the respondent officially appears, the court does not require the FL-150 to be filed.

This strategy can be helpful to avoid unnecessary paperwork while still complying with court procedures. It’s important to remember that this approach is specific to cases involving minor children and may not be applicable in all situations.

Summary

To recap:

  1. If no minor children are involved in your California divorce, filing the FL-150 Income and Expense Declaration is not required.
  2. If minor children are involved, filing the FL-150 is mandatory in default or default with written agreement cases.
  3. A useful workaround is to have the respondent file a formal response, which then removes the requirement to file the FL-150.

Understanding these nuances can make your divorce process smoother and less stressful. Always consider consulting with a legal professional to ensure that any strategy you use complies with your specific case requirements.

For more insights on navigating divorce in California, stay informed and take control of your process.

 

Completing Divorce Income And Expense FL-150 | A Step-by-Step Guide | Los Angeles Divorce

Posted by Tim Blankenship on

 

Completing Divorce Income And Expense FL-150 | A Step-by-Step Guide

Divorce can be a complex and emotionally challenging process, especially when it comes to disclosing financial information. Whether you are representing yourself or just want to understand the paperwork better, knowing how to accurately complete the Income and Expense Declaration (Form FL-150) is essential. This guide will walk you through the process with clear instructions and helpful tips to make this step easier.

Introduction to the Income and Expense Declaration

The Income and Expense Declaration, or Form FL-150, is a critical document used in the divorce process in Los Angeles County and beyond. It forms part of the financial disclosure requirements where both parties must provide detailed information about their income, expenses, assets, and debts. This form helps the court understand your financial situation to make fair decisions regarding support and property division.

At this stage in the divorce process, you will have already filed your initial divorce forms and served them to the other party. Now, it’s time to disclose your financial information accurately. Completing this form correctly can save time and reduce misunderstandings later on.

Getting Started: Basic Information

The first section of Form FL-150 asks for your personal details and case information. Here’s what you need to include:

  • Your full name, address, and phone number.
  • The court’s name and location (e.g., County of Los Angeles).
  • The names of the petitioner and respondent.
  • Your case number, which you should have from your filed divorce paperwork.
  • Your employer’s name, address, phone number, your occupation, and the date you started your job.

If you are currently unemployed, you will indicate your last job and when you stopped working. This section also collects your age, educational background (high school, college, graduate school), and your tax filing status from the previous year (such as single or joint). If any of these fields don’t apply to you, it’s perfectly fine to leave them blank.

Additionally, this section asks you to estimate the other party’s income if you know it—based on pay stubs, direct deposits, or any other reliable source. If you don’t know, simply mark it as unknown.

Detailing Your Income

On page two of the FL-150, you’ll provide a detailed breakdown of your income. The court requests both your last month’s income and an average monthly income calculated over the past 12 months. When calculating averages, be sure to separate regular salary or wages from overtime and commissions.

  • Include all sources of income such as wages, pensions, spousal or child support, and social security benefits.
  • If you are self-employed, report that income separately with details about your business type and name.
  • Note any additional or unusual income, such as lottery winnings or significant recent changes in income.

Remember to subtract any mandatory deductions like union dues, retirement payments, or support payments before reporting your net income.

Listing Your Assets and Debts

Next, you will list your assets and debts. This includes:

  • Cash, checking, savings, and money market accounts.
  • Investments such as stocks or bonds.
  • Real and personal property—this could be your home, vehicles, or other valuable possessions.

Calculate your total assets and then subtract any debts or liabilities to give a clear picture of your net worth.

Household Information and Living Expenses

Page three focuses on who lives with you and your monthly expenses. This includes:

  • Listing everyone living in your household, including children, elderly relatives, or tenants.
  • Providing their age, relationship to you, income, and whether they contribute to household expenses.
  • Detailing monthly expenses such as rent or mortgage payments, property taxes, insurance, utilities (gas, water, electric, trash), groceries, child care, education, and other regular costs.

Be as accurate as possible. If you don’t have exact numbers, you can estimate. However, keep in mind that the court expects reasonable and honest figures.

If you have installment payments like credit cards or loans, list those as well, including payment amounts and current balance. You can note whether payments are current or past due.

Special Considerations for Those with Children

If you have children, page four of the form will ask for additional information regarding custody and support:

  • How many children you have and the time they spend with each parent (e.g., every other weekend, three days a week, or joint custody).
  • Details about health insurance coverage for the children, including the provider’s name and address.
  • Any special or hardship expenses for the children that the court should consider.

This section helps the court understand your childcare responsibilities and expenses, which can affect support calculations.

Important Tips for Completing Form FL-150

  • Fill out the form carefully and honestly to avoid delays or disputes.
  • If you are representing yourself (in pro per), leave attorney fee sections blank—these only apply if you have legal representation.
  • Double-check your case number and court information on every page.
  • Keep copies of all documents you submit for your records.
  • If you’re unsure about any section, consider consulting a professional legal document preparation service.

Conclusion

Completing the Income and Expense Declaration (Form FL-150) is a vital step in the divorce financial disclosure process. By providing clear and comprehensive information about your income, expenses, assets, and debts, you help the court make informed decisions regarding your case. Whether you are filing as the petitioner or respondent, following these guidelines will make the process smoother and more transparent.

If you need professional assistance, affordable legal document preparation services specializing in divorce cases are available to guide you through this and other forms. Accurate paperwork can significantly reduce stress and ensure your case proceeds efficiently.

Remember, transparency and accuracy are key when disclosing financial information during divorce proceedings.

 

Preparing Declaration of Disclosure | Santa Clarita Divorce Guide | Los Angeles Divorce

Posted by Tim Blankenship on

 

Preparing Declaration of Disclosure | Santa Clarita Divorce Guide

If you’re navigating the divorce process in Los Angeles County, understanding how to properly prepare and handle your Declaration of Disclosure is essential. This crucial step ensures transparency between both parties and complies with court requirements. As a licensed and bonded legal document preparation service specializing in divorce, we’re here to guide you through this important phase with clarity and confidence.

What Is the Declaration of Disclosure?

The Declaration of Disclosure is a formal document filed during the divorce process that confirms you have provided your financial information to the other party. It acts as a cover sheet indicating that you have served your Schedule of Assets and Debts, along with your Income and Expense Declaration. These financial disclosures are vital for ensuring a fair division of property and understanding each party’s financial situation.

Key Financial Disclosures Included

  • Schedule of Assets and Debts: A detailed list of your belongings, property, debts, and liabilities.
  • Income and Expense Declaration: A form outlining your earnings, monthly expenses, and overall financial condition.

It’s important to note that while these forms are served on the other party, they are not filed with the court. Instead, the Declaration of Disclosure form (form FL-140) is the document that you will file, confirming that the disclosures have been completed and served.

Step-by-Step Guide to Completing the Declaration of Disclosure

Here’s a straightforward look at how to fill out the Declaration of Disclosure form properly:

  1. Caption Information: Fill in your name, address, phone number, and the court’s address. This section includes the names of both the petitioner and respondent as well as the case number.
  2. Identify Your Role: If you are the petitioner, mark the form as “Petitioner’s Preliminary Declaration of Disclosure.” If you are the respondent, mark it accordingly. The term “preliminary” is used if this is your first time completing the form.
  3. Check the Appropriate Boxes: Indicate that you have attached a completed Schedule of Assets and Debts and a completed Income and Expense Declaration. These are the two primary attachments required.
  4. Leave Optional Attachments Blank: Sections for other attachments (numbers 3, 4, and 5) are generally not applicable unless you are working with a professional service that prepares comprehensive divorce documents.

This form essentially acts as a cover sheet submitted to the court to show that you have fulfilled your disclosure obligations.

Important Reminders About Filing and Serving

One of the most common misconceptions is about which forms are filed with the court. To clarify:

  • Schedule of Assets and Debts and Income and Expense Declaration: Served on the other party but not filed with the court.
  • Declaration of Disclosure (FL-140): This is the form you file with the court to confirm that disclosures have been served.

Additionally, both preliminary and final Declarations of Disclosure must be served on the other party, except in certain limited situations.

Why Is This Step Necessary?

The Declaration of Disclosure is a mandatory step in divorce and legal separation actions. It ensures that both parties have access to accurate financial information, which is crucial for equitable settlements regarding property division, support payments, and other financial considerations.

Filing this form demonstrates to the court that you are complying with the disclosure requirements, which can help streamline the divorce process and avoid delays or disputes.

Professional Assistance for Your Divorce Documents

Preparing these forms can be complex, especially if you’re unfamiliar with legal paperwork. Our licensed and bonded legal document preparation service specializes in divorce cases throughout Los Angeles County. We provide affordable and professional assistance to ensure your forms are accurately completed and submitted.

If you want to avoid the stress and confusion of preparing your divorce documents yourself, consider reaching out for expert help. Properly prepared documents can save you time, reduce errors, and help you move through the divorce process more smoothly.

Contact Us for Support

If you have any questions about the divorce process or need help preparing your Declaration of Disclosure and related forms, please don’t hesitate to contact us. We are here to serve clients across Los Angeles County with professional and reliable legal document preparation services.

Visit our website or give us a call to learn more about how we can assist you during this challenging time.