Title
Title
Rules and Forms | Family Law: Changes to Spousal Support and Property Division Forms (Action Required)
body
Summary
Summary
The Family and Juvenile Law Advisory Committee recommends approving one new optional form (FL-349) and revising two optional forms (FL-157 and FL-343) relating to spousal support, as well as revising one optional form (FL-345) relating to property division in family law cases.
Proposed revisions to form FL-157 incorporate amendments to Family Code section 4320. The Court of Appeal urged the Judicial Council and local courts to change the language in form FL-343 relating to Family Code section 4337. Form FL-349 responds to the requests of judicial officers for a form to make findings under Family Code section 4320 when issuing or modifying a judgment for spousal or partner support. And proposed revisions to form FL-345 respond to requests made by judicial officers to simplify a specific item relating to the assignment of debts in a judgment.
body
Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2021:
1. Revise Spousal or Partner Support Declaration Attachment (form FL-157) to:
(a) Include the amendments to Family Code section 4320 enacted by Assembly Bill 929 (Rubio; Stats. 2018, ch. 938) that describe the types of documented evidence of domestic violence that a party may submit for the court to consider before issuing a judgment for support;
(b) Change all references of "partner" and "partnership" to "domestic partner" and "domestic partnership," including in the title of the form; and
(c) Reorganize the form's content to reflect the same construction as that of new form FL-349, and make other clarifying changes;
2. Revise Spousal, Partner, or Family Support Order Attachment (form FL-343) to:
(a) Strike the current language in item 6b and add language that is consistent with the opinion of the Court of Appeal in In re Marriage of Mar...
Click here for full text