HOW TO GET TEMPORARY SUPPORT ORDERS AT START OF A DIVORCE - VIDEO #54 (2021)

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Fourth video in an 11 part series of tutorial videos on how to handle a contested divorce case in California. This video explains how to get temporary child support orders, temporary alimony orders, and an award of attorney’s fees at the very beginning of a contested divorce while waiting to get to trial.

You can get all of these temporary orders by using the Request For Oder FL-300 court form.

If you want a temporary child support order, check box #3 on the FL-300 form. Enter the names and ages of the children. Check the box that requests “support for each child based on the child support guideline”. Do not enter a monthly amount.

Whenever you raise a financial issue with your RFO, FL-300, you need to have a “current” Income and Expense Declaration, which is FL-150, on file with the court. “Current” means your Income and Expense Declaration was filed not more than 90 days before the date of your scheduled hearing.

When you ask for child support, the court will make a “guideline” child support order and that order should include provisions about the following two mandatory “add-ons”: 1) which parent will provide health insurance coverage for the children, including how out-of-pocket health care costs are to be shared; and 2) how child care costs are to be shared. At the hearing, make sure the judge addresses these two mandatory “add-on” issues. Sometimes, judges overlook these add-ons.

If you want the court to also include, as part of the temporary child support order, additional child support provisions, such as how to share the cost of the children’s educational and extracurricular activities, then state on your FL-300 form that you want the court’s child support order to include these items, and, at the hearing, remind the judge to address these items.

Typically, the child support order will start retroactive to the date you filed your FL-300. There may be a two month gap between the date you file your FL-300 and the date you have your hearing. The gap can be even longer. If your spouse paid you child support between the date you filed your FL-300 and the date the hearing takes place, then your spouse will get a credit for those payments.

If you want a temporary spousal support order, check the spousal support box on page 1, just below the caption. Then, turn to page 3 of the FL-300. Check box #4 on the FL-300. Box #4(a) asks for the amount you are requesting. Simply type the word, “Reasonable”. You don’t need to specify an amount.

Typically, spousal support will start retroactive to the date you filed your FL-300 and your spouse will be given a credit for any spousal support that was paid to you between the date you filed your FL-300 and the date of the hearing.

If you want the court to order your spouse to pay you a lump sum of money so you can hire an attorney to represent you, check the, “Attorney’s Fees and Cost” box on page 1 of the FL-300, just below the caption. Then, turn to page 4 of the FL-300. On page 4, check box #6. Since a request for an award of attorney’s fees involves a financial issue, you will need to have a “current” Income and Expense Declaration on file with the court.

For an award of attorney’s fees, the court actually makes you fill out another three forms in addition to the FL-150.

In order to get an award of attorney’s fees, you will be required to convince the court of a number of things. You will need to show that you are unable to afford to pay an attorney to represent you and that your spouse has the ability to pay not only the amount of attorney’s fees you are requesting, but also his or her own fees.

Видео HOW TO GET TEMPORARY SUPPORT ORDERS AT START OF A DIVORCE - VIDEO #54 (2021) канала Free Divorce