File #: 20-181    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 8/10/2020 In control: Judicial Council
On agenda: 9/25/2020 Final action: 9/25/2020
Title: Rules and Forms | Family Law: Changes to Spousal Support and Property Division Forms (Action Required)
Attachments: 1. 20200925-20-181
Title
Title
Rules and Forms | Family Law: Changes to Spousal Support and Property Division Forms (Action Required)

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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.

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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...

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