Sign Florida Banking Separation Agreement Simple

Industry sign banking florida separation agreement simple

okay folks my name is Doug Pinkham I am with Pinkham and associates we are a dedicated family law firm in Orange County California but we are helping you fill out your forms in this particular video to help with this this form has several applications and I'll discuss those in a minute this is the FL 157 it is called the spousal or partner support declaration attachment and as I said this FL 157 is used for many different things in the Family Court you're going to fill out and use this form in a at any time that you are doing a request for attorneys fees obviously you're going to use this when you're asking for spousal support and there's a couple other applications but you will know if you need the FL 157 and let me explain it in in detail as we go through it so alright the first question right at the top there you get a mark a box to tell the court what you're doing and what you're attaching this form to it needs to be part of supplementing another form now is it part of a declaration for default or uncontested judgment or is it part of support supporting declaration for attorneys fees and costs and the other box you could mark that and put in there that you are asking for spousal support it's part of a spousal support request I can't even begin to imagine why a spousal or partner support declaration attachment would not have a box that's already marked for a request for spousal support but it does not and they are going to make that change I'm certain soon but as for now just mark other and next two words I specify put in their requests for spousal support it will be enough that'll be fine okay number one spousal or domestic partner support I request that the court and you're supposed to check all the boxes that apply enter a judgment for spousal or domestic partner support for and you're gonna mark if you are receiving if you want to receive spousal support and you're the petitioner you would mark a and petitioner if you are doing this as part of a judgment if you're filling out this form and submitting it as part of the judgment that's a yeah and and again if you're the respondent and you want spousal support paid to you you're gonna mark respondent obviously mark the box that applies to you if you're asking for support in a judgment be is you're modifying a judgment for spousal support or partner support and and again to you if you're the petitioner mark petitioner if you're the respondent mark petitioner does it responded let me say that again because I'm not sure exactly what I just said if you're the petitioner mark the petitioner if you're the respondent mark the respondent all right now if you are asking the court to deny the request to modify a judgment for spousal support that and you're opposing it you're the other side and you don't want to pay it for example you're gonna mark see if you are asking the court to terminate jurisdiction to award spousal support to either the other party or both of you you're going to mark D and then mark the appropriate box petitioner or respondent and the appropriate boxes if you're asking to terminate jurisdiction to award your spouse spousal support then if they're the respondent mark respondent if they're the petitioner mark the petitioner if you want the court to terminate spousal support to be payable to both of you to either of you and you can mark both boxes number two attorneys fees and costs I request that the court and you check one if you're asking for attorneys fees if this form is being filled out as part of a request for attorneys fees then you'll mark two and a says order my attorneys fees and costs payable by my spouse or domestic partner if you're asking the other party to pay for your attorneys fees you're gonna mark 2 a and 2 2 a and the box next to my spouse or domestic partner if you're asking for some joined party to pay you would mark that box that's very rare and that's in case you have brought a motion and joined some other person or entity into your divorce case that's very rare and I can't imagine the situation in which they would have some other party paying for your attorney's fees it could happen but it's very rare and if you're filling out your own paperwork you're probably not in one of those more complex cases if you are asking the court to not order attorneys fees then you're gonna mark to be deny the request for attorneys fees and costs okay now we're moving on to 3 now for the rest of this form it's going to go through what are known as the 4320 factors the Family Code section 4320 factors and there's like 15 16 17 different factors some have sub factors that the court must consider all of these factors before ordering spouse of long term spousal support permanent spousal support or attorneys fees so these boxes they're a little bit of a pain in the neck to think about and fill out and fill out thoroughly but if you want attorneys fees if you want the court to give you permanent spouses for it you must fill this out and fill it out correctly all right and they are self-explanatory but we'll go through them just so you know 3a is Family Code section 43 20 a 1 by the way you can look up you can Google Family Code section 43 20 and it'll give you a list of all the Family Code section 43 20 factors and you can follow that along in the law it might be some interesting reading it's really not a very long code and even though it looks like it might be so just as an interesting thing you might want to look that up but they're all right here on the form so 3a 1 says the supported party so that's the person that wants to receive spousal support has the following training job skills and work history very common and if you're asking for attorneys fees or if you're asking for spousal support the party that's filling out this form might not have worked for many years and if that's the case you want to spell out everything if you worked 18 years ago as a clerk or if you worked 18 years ago as I whatever it is if you worked 18 years ago as a dentist but you haven't worked in a while you're gonna put all of that in there and put some detail in there and it's asking for your job skills if you know how to use a computer if you know how to type 70 words a minute if you know whatever you know how to do that's where you put that stuff in there and a work history that's where you get to make sure the court understands that you haven't worked in 18 years that's a big deal if you're asking for spousal support okay number two the current job market for the skills of the supported party described in 3a one is and then you want to make a list there of what the job opportunities are for you keeping in mind your job skills right number three the supportive party would need the following time and expense to acquire the education or training to develop the job skills described in three one all right so if you need to go back to school to freshen up on or to relearn something so that you can go back into the job market this is where you talk about that and you talk about how much time it will take and how much money it would cost to do it number four to develop other more marketable job skills or employment the supported party would need the following retraining or education so let's say for example you have no work history or you had whatever you used to do has changed so much for example you were working in the computer industry but you were working in the computer industry when computers were brand new completely different market you would want to put that information into for and explain the training that you would need to develop some new education to get a job in the job market all right page two again at the top you're gonna list the petitioner and respond it again those names never change so if you're the petitioner put it there if you're the respondent put your name there and the other party's name in the petition also going to list the case number to the right all right number three facts and support of request Family Code section 43 28 to provide any facts that indicate the supported party's earning ability is or is not lower than it might be if he or she had not had periods of unemployment because of the need to attend to domestic duties or what is this asking this is saying if you're trying to get spousal support in this box you're gonna want to explain to the court why you have large breaks in your work history if you were taking care of domestic do what does that mean we had three children and I didn't from the first child we had my husband and I agreed that I would not work and I would raise the children you write that in there if you had a husband and you or wife or whatever and you as a couple decided that you would stay home as mr. mom and you would take care of the kids put that in there if you and she are you and your spouse agreed that you wouldn't work even though you didn't have kids but it was an agreement that you would stay home and take care of the house and take care of your your lifestyle and whatnot then you would put that in there and that's not uncommon all right so Family Code section 4320 be provide any the next section provide any facts that indicate that the supported party contributed to the education training career position or license of the supporting party now what does that mean that means did you as the person that wants to receive support did you support your spouse in their obtaining of an education or career opportunities that are now that that party is now reaping the benefits of what does that mean did you take care of the children did you help or did you use some of your own 401k monies for example to help put your spouse through law school or through dental school or while he got the education or she got the education to become an architect or something and now they're making good money as a result of your assistance if that is the case that's where you mark that under three C and B put some detail in there 3 D the supporting party does or does not have the ability to pay spousal or domestic partner support that's the supporting party does the other party have the money to pay you support if so you're gonna this is where this goes number two asks by the way if they do have the money to pay you support you're gonna mark does you're gonna have our time getting spousal support or attorneys fees from the other party if you mark does not have the money for it okay to says the supporting party's current gross income from employment or self-employment is and put it in there if you don't know what it is you better put your best estimate and it better be very close and they're gonna want to know how do you know that information so seek it out get that information put it in there they're also asking the supporting party that's the payor that's the person you want to pay you support the supporting party's current income from investments retirements or other sources is and put that information in there if it's $1,800 a month put that in there D for the supporting parties current assets and their values and balances are now if you're married or if you're asking for support or for attorneys fees from the other side this big box there that's where you list all of their assets or as many assets as you know and the values that you believe those assets are if they own two houses definitely put that in there if they've got a 401k worth two hundred twenty six thousand dollars definitely put that in there if they've got a bank account with thirteen thousand dollars cash sitting in it put that in there and if you have a copy of that bank statement that they have attached it to this form to show that money exists and that it's actually liquid and available right now if it's got a social security number on it black that out anytime there's a social security number on any forms black it out you're not allowed to file a form with the court with a social security number on it okay so that's where all that information goes five the supporting party's stent you need to understand so the supporting party is the person that's paying the support the support ended party is the person that wants to receive support so the supporting party's standard of living is and you're going to describe that below so you want to type in what kind of vacations they take how often they take vacations what kind of cars they drive if they go out to eat three or four nights a week what kind of restaurants they go to are they spending you know eight dollars at McDonald's or are they spending you know eighty dollars for a meal each at a very high-end restaurant you want to put that in here you want to talk about their investments and how much they save per month to put into investments anything you can put in here to describe what kind of lifestyle they live okay top of the next page again petitioner and respondent and the case number three facts and supported request Family Code section 43 20 D the supported party that's the person that wants to receive support does or does not need support to maintain the standard of living we enjoy during the marriage and or domestic partnership obviously if you want to receive support you're going to mark does under three F it asks for the supported party's assets and obligations including separate property our this is where you list your assets and obligations debts to next section the supporting party the other party's assets and obligations including separate property are and you're going to put that in there let me see how that's different real quickly van okay so in the box before D for this is where you're listing their current assets and the values and balances under three F excuse me three F to the supporting party's assets and obligations this is basically a reprint of what you put in that other box and they're also asking for lists of values and balances I would write the exact same thing you wrote in the other box write it again in this box all right next page we are on page 4 at the top ok so back since Porter requests Family Code section 43 20f it's asking under G there it's asking for the length of marriage or domestic partnership in this form I've put 14 and 3 I would go further input 14 years and 3 months that's what that stood for just so you know that information was in the software in a different question and it preloaded that automatically for me so that's what you want to put in there the length of marriage so if it was 10 years 9 months or 26 years and 2 months whatever it is put that in there ok H provide any facts indicating whether or not the supported party U is able to work without unduly interfering with the interests of the children in his or her care so provide any facts indicating whether or not the supported party is able to work without unduly interfering if you've got small kids and you go to work full-time you're going to interfere with the taking care of little kids if you've got a 14 year old a 16 year old and a 17 year old and they're all in high school and they go to get up in the morning make their own breakfast and they make their own lunch and they ride their bike to school or walk to school and they get themselves home and they're able to do their own homework until you get home from work you can go to work without unduly influence of the children it's just kind of how it goes if you have a child with special needs who's 17 years old and they don't can't take care of themselves then you know take that into consideration I the petitioner's ages simply put in the petitioners age respondents age simply put in the respondents age there to the right petitioners current health condition is if you're both healthy put healthy if one of you has lupus and scleroderma and some other disconnect of tissue disease or cancer or you're going through treatments of some kind or diabetes you're gonna list those ailments in there for the appropriate person petitioner under to respondent under three if there are no problems and everybody's healthy just put healthy healthy and move on to Jay Jay Reid's the court will also consider the following factors before making a judgment for spousal or domestic partner support one any documented evidence of domestic violence between the parties as defined in Family Code section 62 11 62 11 just describes wha domestic violence is if you have called the police it means to be documented notice it says documented evidence of domestic violence if you have if there was an arrest a domestic violence arrest clearly that is documented evidence is it documented evidence if you can get proof of calling the police on some form of a call log and they just fill out a field interrogation card and you can get a copy of that but they never wrote a real report I would suggest that that is documentation of some kind of domestic violence but whatever you've got if you've got some domestic violence is a factor in ordering spousal support to the immediate and specific let me go back for a second because something just popped into my head if you have committed domestic violence against your spouse if you were the aggressor and you were arrested and there's conviction against you for domestic violence against your spouse you need to understand there is a presumption in the law that you shall not receive spousal support they don't want the victim of spousal support to have to pay spousal support to their aggressor to the person that was committing domestic violence against them against them keep that in mind number three excuse me number two the immediate and specific tax consequences for each party if you know of any immediate and specific tax consequences with regard to paying support or attorneys fees put it in there if you don't know any put unknown or none three the balance of the hardships for each party they're asking you to explain what the balance of hardships would be if you did or did not receive spousal support is the others for example if the other side if you were a stay-at-home parent and your spouse is a doctor work 60 hours a week not uncommon and brings home 350 thousand dollars a year they're going to have a hard time saying that there's any hardships on that side to paying support to you you on the other fact on the other side if you do not receive spousal support how would you pay for any bills you have no income how would you pay for your cell phone how would you pay for food how would you take care of your children if you have children these are the kind of things we're talking about for the criminal conviction of an abusive spouse in reducing or eliminating support in accordance with Family Code section 43 25 so this is what I was talking about if there's criminal convictions of abuse in your marriage you're gonna and it's against you you may not get any spousal support because of that if it's against the other party definitely attach it to this paperwork and and explain it here in this big box 5 the goal that the supported party will be self-supporting within a reasonable period of time just so you know that's standard language that is involved in most judgments most cases it's basically just saying you need to understand that within a reasonable amount of time the supported parties should figure out a way to support themselves now if you were married for 32 years and you're 74 years old and you're getting divorced you're not going to have to go to work I mean if you're super healthy and you've been working you're not lucky they would they're gonna hold you to a different standard than they would a 35 year old spouse who's getting divorced and has working job skills and just hasn't worked for two years but could definitely go get get work and they were only married for a couple years they're gonna have to go back to work relatively soon you've got a lot of leeway if you were married for you know 20 30 years and and have been not working that entire time and your spouse has been supporting you that entire time okay six any other factors the court determines that are just and equitable that's a catch-all if you've got any other factors that you want to tell the judge this is where you can put them by the way real quickly if you need to if you have a lot to write on these six different factors and you don't have enough room in that box take a regular line sheet of paper and put attachment J excuse me let's call it forty three attachment 4320 J and then you can put and in just be specific about what you're adding to here if you're adding to number two put a two in front of it if you're adding two four put a four in front of it all right folks that is the extent of the FL 157 again this form is used for many different things and if you're watching it in a string of videos obviously you need it for what you're working on so this is a difficult form it's a time-consuming form it requires a great of detail be specific you're asking the judge to give you attorneys fees or to give you spousal support if this form is not done completely or it just looks like you're doing a half-assed job and putting it together you're you may not get any help financially so do it right folks do it right again my name is Doug Pinkham I hope this video has been helpful for you thank you very much for listening