CHAPTER 2: PUBLIC BENEFITS

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1 table of contents CHAPTER 1: Client interviewing skills 1.00 the initial interview CLIENT ORIENTATION AND ASSESSMENT SYSTEM (COAS) THE COAS INTERVIEW FREQUENTLY ASKED QUESTIONS FINAL NOTE TABLE OF FORMS CHAPTER 2: PUBLIC BENEFITS 2.00 INTRODUCTION KEY GOVERNMENT PROGRAMS ESSENTIAL PRINCIPLES TO UNDERSTAND ABOUT MOST OF THE GOVERNMENT BENEFIT PROGRAMS TABLE OF FORMS CHAPTER 3: FEE WAIVERS 3.00 FEE WAIVERS ARE CRUCIAL TO LITIGANTS COURT ACCESS COMPLETING THE REQUEST TO WAIVE COURT FEES (FW-001) (Sample Forms 3A-1, 3A-2 and 3A-3) ORDER ON COURT FEE WAIVER (FW-003) (Sample Form 3B) THE REQUEST TO WAIVE ADDITIONAL COURT FEES (FW-002) (Sample Form 3C-1) ORDER ON COURT FEE WAIVER AFTER HEARING (FW-008) (Sample Form 3D) RECONSIDERATION OF FEE WAIVERS AND RECOVERY OF WAIVED FEES TABLE OF FORMS vii

2 CHAPTER 4: COURT PROCEDURES AND PRELIMINARY ISSUES RELATED TO FAMILY LAW PRACTICE 4.00 COURT PROCEDURES LOCAL COURT RULES, FAMILY LAW DEPARTMENT, CENTRAL DISTRICT FAMILY LAW CASE COVER SHEET (SAMPLE FORM 4A) NOTICE OF CHANGE OF ADDRESS (SAMPLE FORM 4B) NOTICE TO THE CHILD SUPPORT SERVICES DEPARTMENT (CSSD) NOTICE TO THE COURT OF RELATED CASES AND CONSOLIDATION OF CASES TABLE OF FORMS CHAPTER 5: SERVICE OF PROCESS 5.00 INTRODUCTION COMMON PITFALLS AND MISUNDERSTANDINGS SERVICE OF SUMMONS COMPLETING SUMMONS AND PROOF OF SERVICE FORMS SERVICE OF MOTIONS/ORDERS TO SHOW CAUSE AND OTHER PLEADINGS GIVING THE LITIGANTS INSTRUCTIONS ON EXECUTING SERVICE POSTING POSTING PHASE 1 THE SEARCH POSTING PHASE 2 OBTAINING PERMISSION FROM THE COURT TO POST POSTING PHASE 3 POSTING CHAPTER 6: TABLE OF FORMS: SERVICE OF PROCESS viii

3 CHAPTER 7: UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) 7.00 UNDERSTANDING THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT, FAMILY CODE SECTION 3400 et. seq UCCJEA DECLARATION (FL-105) (SAMPLE FORM 7A) FORM COMPLETION table of forms CHAPTER 8: DISSOLUTION I 8.00 INTRODUCTION: INFORMED CHOICES AND ANTICIPATING PROBLEMS ISSUE SPOTTING: IMPORTANCE OF IDENTIFYING OTHER ISSUES EARLY HBCFL THREE-STAGE DISSOLUTION PROCESS DISMISSAL OF CASES DUE TO TIMING ISSUES DISSOLUTION I DOCUMENT CHECKLIST ISSUES COMMON TO ALL FORMS FAMILY LAW CASE COVER SHEET (Sample Form 9C) summons (Sample Form 9D) PROOF OF SERVICE OF SUMMONS (Sample Forms 6A AND 9E) PETITION (Sample Form 9F) CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT (Sample FormS 9G-1 and 9G-2) JOINT LEGAL CUSTODY APPLICATION ATTACHMENT (SAMPLE FORM 9H-1) CHILDREN S HOLIDAY SCHEDULE (Sample Form 9H-2) REQUEST FOR CHILD ABDUCTION PREVENTION ORDERS (Sample Form 9H-3) SERVICE OF PROCESS ACTIVE DUTY MILITARY RESPONDENTS AMENDED PLEADINGS FINAL REVIEW TROUBLESHOOTING ix

4 8.18 PREVIEW OF THE DISSO II/TRIAL PREP APPOINTMENT CHECKLIST FOR DISSO I FORMS CHAPTER 9: TABLE OF FORMS: DISSOLUTION I CHAPTER 10: DISSOLUTION II OR TRIAL PREPARATION INTRODUCTION WAITING PERIOD AND REVIEWING DOCUMENTS DISSOLUTION II/TRIAL PREP DOCUMENT CHECKLIST REQUEST TO ENTER DEFAULT AND PROOF OF SERVICE BY MAIL (Sample Forms 11A-1 AND 11A-2) UNCONTESTED CASES/ DISSO II ONLY PROPERTY DECLARATION (Sample Forms 11B and 11C) THE PRELIMINARY DECLARATION OF DISCLOSURE DECLARATION OF DISCLOSURE (Sample Forms 11E and 11F) SCHEDULE OF ASSETS AND DEBTS (Sample Forms 9N and 11G) PREPARING THE INCOME AND EXPENSE DECLARATION (I&E) OR FINANCIAL STATEMENT (SIMPLIFIED) (FSS) (Sample Forms 11H and 11I) DECLARATION REGARDING SERVICE OF DECLARATION OF DISCLOSURE (DOD) (Sample Forms 11J and 11K) NOTICE TO THE CHILD SUPPORT SERVICES DEPARTMENT (CSSD) NOTICE OF RELATED CASE (SAMPLE FORM 11N-1) OR NOTICE OF OTHER CASES INVOLVING MINOR CHILDREN (SAMPLE FORM 11N-2) CALCULATING CHILD AND SPOUSAL SUPPORT PREPARING ENVELOPES ADDRESSED TO THE LITIGANT S SPOUSE FINAL REVIEW TROUBLESHOOTING PREVIEW OF THE NEXT STEP CHECKLIST FOR DISSO II/TRIAL PREP FORMS x

5 CHAPTER 11: DISSOLUTION II or trial preparation: TABLE OF FORMS CHAPTER 12: DISSOLUTION III INTRODUCTION PRELIMINARY ISSUES COMPLETE DISSOLUTION III CHECKLIST (SAMPLE FORM 13B) DISSOLUTION III DOCUMENT CHECKLIST DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION OR LEGAL SEPARATION (FL-170) (Sample Form 13H) JUDGMENT (FAMILY LAW) (FL-180) (Sample Form 13C) JUDGMENT ATTACHMENTS GENERALLY JUDGMENT ATTACHMENTS: CHILD CUSTODY AND VISITATION JUDGMENT ATTACHMENTS: CHILD SUPPORT JUDGMENT ATTACHMENTS: SPOUSAL SUPPORT JUDGMENT ATTACHMENTS: HEALTH INSURANCE (MEDICAL SUPPORT) JUDGMENT ATTACHMENTS: PROPERTY PROVISIONS JUDGMENT ATTACHMENTS: COURT FEES AND COSTS JUDGMENT ATTACHMENTS: CONSOLIDATION ATTACHMENT (SAMPLE FORM 13E-12) JUDGMENT ATTACHMENTS: EXECUTION OF NECESSARY DOCUMENTS (SAMPLE FORM 13E-14) NOTICE OF ENTRY OF JUDGMENT (FL-190) (Sample Form 13G) CHILD SUPPORT CASE REGISTRY FORM (FL-191) (Sample Form 13Y) INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) (FL-195) (Sample Form 13Q) EARNINGS ASSIGNMENT ORDER FOR SPOUSAL OR PARTNER SUPPORT (FL-435) (Sample Form 13R) xi

6 12.19 LETTER TO DEFAULT CLERK (Sample Form 13Z) PREPARE TWO ENVELOPES ABSTRACT OF SUPPORT JUDGMENT (FL-480) (Sample Form 24I) REQUEST FOR DEFAULT SETTING (LA-23) (Sample Form 13II) PROOF OF SERVICE TO THE CHILD SUPPORT SERVICES DEPARTMENT (CSSD) FINAL INSTRUCTIONS ON THE JUDGMENT PAPERS DISENGAGEMENT LETTER TO LITIGANT (SAMPLE FORM 13LL) FINAL ADVICE TO THE LITIGANT CHECKLIST FOR DISSO III FORMS CHAPTER 13: TABLE OF FORMS: DISSOLUTION III CHAPTER 14: PATERNITY I INTRODUCTION WHAT CAN BE ACHIEVED ISSUE SPOTTING GENETIC TESTS VOLUNTARY DECLARATION OF PATERNITY (VDP) AGE OF THE CHILD BURDEN OF PROOF, PRESUMPTIONS, & PROCEDURES PATERNITY I DOCUMENT CHECKLIST ISSUES COMMON TO ALL FORMS VENUE IN PATERNITY ACTIONS FAMILY LAW CASE COVER SHEET (LA-20) (Sample Form 15K) SUMMONS (FL-210) (Sample Form 15C) PROOF OF SERVICE OF SUMMONS (FL-115) (Sample Forms 15D AND 6B) xii

7 14.13 PETITION TO ESTABLISH PARENTAL RELATIONSHIP (FL-200) declaration under uniform child custody jurisdiction and enforcement act (uccjea) (FL-105) (Sample forms 15l and 7a) NOTE REGARDING DOMESTIC VIOLENCE SERVICE OF PROCESS RESPONSE (FL-220) AND UCCJEA (FL-105) (Sample Forms 15L and 7A) PENDENTE LITE RELIEF STIPULATING TO PATERNITY DEFENSE OF PATERNITY ACTIONS RIGHT TO COUNSEL AMENDED PLEADINGS ACTIVE DUTY MILITARY RESPONDENTS FINAL REVIEW TROUBLESHOOTING PREPARING THE LITIGANT FOR THE NEXT SESSION CHECKLIST FOR PATERNITY I FORMS CHAPTER 15: TABLE OF FORMS: PATERNITY I CHAPTER 16: PATERNITY II/III INTRODUCTION CONTESTED PATERNITY PROCEEDINGS PATERNITY II/III DOCUMENT CHECKLIST REQUEST TO ENTER DEFAULT AND PROOF OF SERVICE BY MAIL (Sample Forms 17C-1 AND 17C-2) INCOME AND EXPENSE DECLARATION OR FINANCIAL STATEMENT (SIMPLIFIED) (sample forms 17I and 17J) DECLARATION FOR DEFAULT OR UNCONTESTED JUDGMENT (Uniform Parentage) (Sample Form 17P) xiii

8 16.06 JUDGMENT (UNIFORM PARENTAGE) (Sample Form 17L) JUDGMENT ATTACHMENTS JUDGMENT ATTACHMENTS: CUSTODY AND VISITATION JUDGMENT ATTACHMENTS: CHILD SUPPORT JUDGMENT ATTACHMENTS: HEALTH INSURANCE (MEDICAL SUPPORT) JUDGMENT ATTACHMENTS: COURT FEES AND COSTS JUDGMENT ATTACHMENTS: CONSOLIDATION OF RESTRAINING ORDERS NOTICE OF ENTRY OF JUDGMENT (FL-190) (Sample Form 17O) PREPARE TWO ENVELOPES REQUEST FOR DEFAULT SETTING (LA-23) (Sample Form 17D) CHILD SUPPORT CASE REGISTRY FORM (FL-191) (Sample Form 17Y) INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (FL-195) (Sample Form 17V) LETTER TO DEFAULT CLERK (Sample Form 17CC) ABSTRACT OF SUPPORT JUDGMENT (Sample Form 24I) NOTICE TO THE CHILD SUPPORT SERVICES DEPARTMENT (CSSD) NOTICE OF RELATED CASE (SAMPLE FORM 11N-1) OR NOTICE OF OTHER CASES INVOLVING MINOR CHILDREN (SAMPLE FORM 11N-2) FINAL REVIEW TROUBLESHOOTING CHECKLIST FOR PATERNITY II/III FORMS CHAPTER 17 TABLE OF FORMS: PATERNITY II / III xiv

9 CHAPTER 18: ORDER TO SHOW CAUSE INTRODUCTION EX PARTE RELIEF AND NOTICE REQUIREMENTS MISCELLANEOUS OSC ISSUES OSC DOCUMENT CHECKLIST ORDER TO SHOW CAUSE (Sample Form 19A) APPLICATION FOR ORDER AND SUPPORTING DECLARATION (Sample Form 19B) DRAFTING AN EFFECTIVE SUPPORTING DECLARATION (Sample Forms 19F, 19G, 19K and 19P) live testimony and witness lists SERVICE (Sample Forms 19Q, 19R & 19S) FINDINGS AND ORDER AFTER HEARING (FOAH) (Sample Form 19Y) FOAH ATTACHMENTS (Sample Forms 19Y-1 through 19Y-7, 13E-3, 13E-5, 13E-6, and 13E-8) APPLICATION AND ORDER FOR REISSUANCE OF OSC (FL-306) (Sample Form 19U) CONCILIATION COURT AND PARENTS AND CHILDREN TOGETHER (P.A.C.T.) MODIFICATION OF OSC ORDERS STIPULATING TO A COMMISSIONER NOTICE TO THE CHILD SUPPORT SERVICES DEPARTMENT (CSSD) DISTRICT ATTORNEY ASSISTANCE IN LOCATING CHILDREN FINAL REVIEW FOR Oscs CHECKLIST OF OSC FORMS CHAPTER 19 TABLE OF FORMS: ORDER TO SHOW CAUSE (OSC) xv

10 CHAPTER 20: ORDER TO SHOW CAUSE WITH DOMESTIC VIOLENCE RESTRAINING ORDERS INTRODUCTION EX PARTE RELIEF AND TEMPORARY RESTRAINING ORDERS DVPA OSC DOCUMENT CHECKLIST REQUEST FOR ORDER (Sample Form 21B) ATTACHMENTS TO REQUEST FOR ORDER TEMPORARY RESTRAINING ORDER (CLETS TRO) (DOMESTIC VIOLENCE) (SAMPLE FORM 21A) NOTICE OF COURT HEARING (DV-109) (Sample Form 21A-3) WAIVER OF HEARING ON DENIED REQUEST FOR TEMPORARY RESTRAINING ORDER AND PROOF OF SERVICE BY MAIL (Sample Forms 21J-1 and 21J-2) RESTRAINING ORDER AFTER HEARING (ORDER OF PROTECTION) (ROAH) (DV-130) (Sample Form 21Q) preparing for restraining order hearing live testimony and witness lists RENEWAL OF RESTRAINING ORDER NOTICE TO THE CHILD SUPPORT SERVICES DEPARTMENT (cssd) STIPULATING TO A COMMISSIONER final review FOR ORDERS TO SHOW CAUSE WITH REQUEST FOR DOMESTIC VIOLENCE RESTRAINING ORDERS FORMS CHECKLIST OF OSC WITH RESTRAINING ORDER CHAPTER 21 TABLE OF FORMS: ORDER TO SHOW CAUSE WITH DOMESTIC VIOLENCE RESTRAINING ORDERS xvi

11 CHAPTER 22: RESPONSES INTRODUCTION REQUEST TO WAIVE COURT FEES (Sample Forms 3A-1 through 3A-3) AND ORDER ON COURT FEE WAIVER (Sample Form 3B) CASE NUMBER RESPONSE MARRIAGE (FAMILY LAW) (Sample Form 22A) RESPONSE MARRIAGE (FAMILY LAW) ADDITIONAL FORMS TO COMPLETE RESPONSE TO PETITION TO ESTABLISH PARENTAL RELATIONSHIP (Sample Form 22B) RESPONSE TO PETITION TO ESTABLISH PARENTAL RELATIONSHIP ADDITIONAL FORMS TO COMPLETE DISCOVERY NEED FOR ORDER TO SHOW CAUSE (OSC) TO OBTAIN IMMEDIATE RELIEF RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE OR NOTICE OF MOTION (FL-320) (SAMPLE FORM 22C) (NON DOMESTIC VIOLENCE CASE) RESPONSive Declaration TO OSC/MOTION ADDITIONAL FORMS TO COMPLETE AND PREPARING FOR THE HEARING ANSWER TO TEMPORARY RESTRAINING ORDER (Sample Form 22D-1) ANSWER TO TRO ADDITIONAL FORMS TO COMPLETE FINAL REVIEW TROUBLESHOOTING CHECKLIST FOR RESPONSES FORMS TABLE OF FORMS CHAPTER 23: PREPARING FOR HEARINGS AND TRIALS INTRODUCTION PREPARING FOR CONTESTED TRIALS CONTESTED CASES INVOLVING MINOR CHILDREN COURT-ORDERED MEDIATION AND PARENTING CLASSES xvii

12 23.03 FINAL DISCLOSURES DISSOLUTION REQUEST FOR TRIAL SETTING FAMILY LAW (Sample Form 23A) DISSOLUTION AND PATERNITY TRIAL BRIEF (Sample Form 23F) DISSOLUTION AND PATERNITY JUDGMENT PREP DISSOLUTION AND PATERNITY PREPARING A STIPULATED JUDGMENT OR MARITAL SETTLEMENT AGREEMENT DISSOLUTION AND PATERNITY MANDATORY SETTLEMENT CONFERENCES (MSC) FINAL REVIEW TROUBLESHOOTING CHECKLIST FOR TRIAL SETTING FORMS TABLE OF FORMS CHAPTER 24: CHILD SUPPORT / HEALTH CARE CHILD SUPPORT AN OVERVIEW OBTAINING CHILD SUPPORT ORDERS CALCULATING THE AMOUNT OF CHILD SUPPORT HEALTH CARE AND MEDICAL SUPPORT ORDERS ENFORCING CHILD SUPPORT ORDERS EX PARTE APPLICATION FOR EARNINGS ASSIGNMENT (FL-430) (Sample Forms 24B and 24C) ENFORCING THE INCOME WITHHOLDING ORDER/notice for support LARGE ARREARAGES OWED: WRITS OF ATTACHMENT ADDITIONAL ENFORCEMENT TECHNIQUES LOS ANGELES COUNTY CHILD SUPPORT SERVICES DEPARTMENT CHECKLIST FOR INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT TABLE OF FORMS xviii

13 CHAPTER 25: DISCOVERY / OTHER REMEDIES INTRODUCTION DEPOSITION SUBPOENA FOR PRODUCTION OF RECORDS (Sample Form 25A) PENSION JOINDER PENSION JOINDER DOCUMENTS DEPOSITION SUBPOENA FOR PENSION RECORDS (Sample Forms 25A and 25E) REQUEST FOR PRODUCTION OF AN INCOME AND EXPENSE DECLARATION AFTER JUDGMENT (Sample Form 25Y) AND REQUEST FOR INCOME AND BENEFIT INFORMATION FROM EMPLOYER (Sample Form 25Z) PETITION FOR CUSTODY AND SUPPORT OF MINOR CHILDREN (Sample Form 25AA) ACTIVE DUTY MILITARY RESPONDENTS MOTION TO APPOINT ATTORNEY FOR MILITARY RESPONDENT (Sample Form 25CC) CONSOLIDATION OF CASES MOTION FOR LEAVE TO FILE AMENDED PETITION TABLE OF FORMS xix

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