The California 1292 10 form serves as a set of formal interrogatories designed for family law cases, facilitating the exchange of pertinent information between parties involved in legal proceedings. This form ensures that both parties can share relevant details without incurring unreasonable costs, while also preserving the right to assert legal privileges. To begin filling out the form, click the button below.
The California 1292 10 form serves as a vital tool in family law proceedings, facilitating the exchange of essential information between parties involved in a case. This form includes a series of interrogatories designed to gather relevant details about personal history, financial assets, debts, and support obligations. Each party is required to respond under oath within a specified timeframe, ensuring that all information provided is accurate and complete. The form outlines clear instructions for both the asking and answering parties, emphasizing the importance of transparency while also respecting legal privileges. Defined terms within the form, such as "PERSON," "DOCUMENT," and "ASSET," help clarify the scope of information requested. Specific sections guide the asking party on which interrogatories to select and instruct the answering party on how to provide their responses, including the necessity of attaching relevant documents. By streamlining the process of information exchange, the California 1292 10 form aims to reduce unnecessary expenses and promote a fair resolution in family law matters.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
SHORT TITLE OF CASE:
FORM INTERROGATORIES—Family Law Asking Party:
Answering Party:
Set No.:
CASE NUMBER:
Sec. 1. Instructions to Both Parties
These interrogatories are intended to provide for the exchange of relevant information without unreasonable expense to the answering party. They do not change existing law relating to interrogatories nor do they affect the answering party's right to assert any privilege or make any objection.
Privileges must be asserted.
Sec. 2. Definitions
Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:
(a)PERSON includes a natural person, partnership, any kind of business, legal, or public entity, and its agents or employees.
(b)DOCUMENT means all written, recorded, or graphic materials, however stored, produced, or reproduced.
(c)ASSET or PROPERTY includes any interest in real estate or personal property. It includes any interest in a pension, profit-sharing, or retirement plan.
Sec. 3. Instructions to the Asking Party
Check the box next to each interrogatory you want the answering party to answer.
Sec. 4. Instructions to the Answering Party
You must answer these interrogatories under oath within
30 days, in accordance with Code of Civil Procedure section 2030.
You must furnish all information you have or can reasonably find out, including all information (not privileged) of your attorneys or under your control. If you don't know, say so.
If an interrogatory is answered by referring to a document, the document must be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer can be found.
If a document to be attached to the response may also be attached to the Schedule of Assets and Debts form, the document should be attached only to the response, and the form should refer to the response.
(d)DEBT means any obligation including debts paid since the date of separation.
(e)SUPPORT means any benefit or economic contribution to the living expenses of another person, including gifts.
(f)If asked to IDENTIFY A PERSON, give the person's name, last known residence and business address, telephone numbers, and company affiliation at the date of the transaction referred to.
(g)If asked to IDENTIFY A DOCUMENT, attach a copy of the document unless you explain why not. If you do not attach the copy, describe the document, including its date and nature, and give the name, address, telephone number, and occupation of the person who has the document.
If an interrogatory cannot be answered completely, answer as much as you can, state the reason you cannot answer the rest, and state any information you have about the unanswered portion.
Sec. 5. Oath
Your answers to these interrogatories must be under oath, dated, and signed. Use the following form at the end of your answers:
"I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct."
( DATE)
(SIGNATURE)
(Continued on reverse)
Form Approved by Rule 1292.10
Judicial Council of California 1292.10 [New July 1, 1990]
FORM INTERROGATORIES
(Family Law)
WEST GROUP
Official Publisher
Code of Civil Procedure, §§ 2030(c), 2033.5
1. Personal History. State your full name, current residence address and work address, social security number, any other names you have used, and the dates between which you used each name.
2. Agreements. Are there any agreements between you and your spouse made before or during your marriage or after your separation that affect the disposition of ASSETS, DEBTS, or SUPPORT in this proceeding? If your answer is yes, for each agreement, state the date made and whether it was written or oral, and attach a copy of the agreement or describe its content.
3. Legal Actions. Are you a party or do you anticipate being a party to any legal or administrative proceeding other than this action? If your answer is yes, state your role and the name, jurisdiction, case number, and a brief description of each proceeding.
4. Persons Sharing Residence. State the name, age, and relationship to you of each person at your present address.
5. Support Provided Others. State the name, age, address, and relationship to you of each PERSON for whom you have provided SUPPORT during the past 12 months and the amount provided per month for each.
6. Support Received for Others. State the name, age, address, and relationship to you of each PERSON for whom you have received SUPPORT during the past twelve months and the amount received per month for each.
7. Current Income. List all income you received during the past 12 months, its source, the basis for its computation, and the total amount received from each. Attach your last three pay check stubs.
8. Other Income. During the past three years have you received cash or other property from any source not identified in 7? If so, list the source, the date, and the nature and value of the property.
9. Tax Returns. Attach copies of all tax returns and schedules filed by or for you in any jurisdiction for the past three calendar years.
10. Schedule of Assets and Debts. Complete the Schedule of Assets and Debts form served with these interrogatories.
11. Separate Property Contentions. State the facts that support your contention an asset or debt is separate property.
12. Property Valuations. Have you had written appraisals or offers to purchase during the past 12 months on any of the assets listed on your completed Schedule of Assets and Debts. If your answer is yes,
IDENTIFY THE DOCUMENT.
13. Property Held by Others. Is there any PROPERTY held by any third party in which you have any interest or over which you have any control? If your answer is yes, indicate whether the property is shown on the Schedule of Assets and Debts completed by you. If it is not, describe and identify each such asset and state its present value and the basis for your valuation, and IDENTIFY THE PERSON holding the asset.
14. Retirement and Other Benefits. Do you have an interest in any disability, retirement, profit sharing, or deferred compensation plan? If your answer is yes, IDENTIFY each plan and provide the name, address, and telephone number of the administrator and custodian of records.
15. Claims of Reimbursement. Do you claim the legal right to be reimbursed for any expenditures of your separate or community property? If your answer is yes, state all supporting facts.
16. Credits. Do you claim reimbursement credits for payments of community debts since the date of separation? If your answer is yes, IDENTIFY the source of payment, the creditor, the date paid, and the amount paid. State whether you have added to the debt since the separation.
17. Insurance. IDENTIFY each health, life, automobile, and disability insurance policy or plan that you now own or that covers you, your children, or your assets. State the policy type, policy number, and name of company. IDENTIFY the agent and give the address.
18. Health. Is there any physical or emotional condition that limits your ability to work? If your answer is yes, state each fact on which you base your answer.
19. Children's Needs. Do you contend your children have any special needs? If so, identify the child with the need, the reason for the need, its cost, and its expected duration.
20. Attorney Fees. State the total amount of attorney fees and costs incurred by you in this proceeding, the amount paid, the source of money paid, and describe the billing arrangements.
21. Gifts. List any gifts you have made without the consent of your spouse in the past 24 months, their value, and the recipients.
1292.10 [New July 1, 1990]
Page two
Completing the California 1292 10 form requires careful attention to detail. This form facilitates the exchange of information between parties involved in family law matters. Follow these steps to ensure accurate and complete submission.
What is the California 1292.10 form?
The California 1292.10 form is a set of standardized interrogatories used in family law cases. It facilitates the exchange of information between parties involved in a legal proceeding, particularly regarding assets, debts, and support obligations. This form is designed to streamline the discovery process while ensuring that both parties provide relevant information without incurring unreasonable expenses.
Who needs to fill out the 1292.10 form?
Both parties in a family law case are required to fill out the 1292.10 form. The asking party initiates the process by selecting the interrogatories they want the answering party to respond to. The answering party must then provide their answers under oath within 30 days, as mandated by California law.
What information is required on the form?
The form requires a variety of personal and financial information. This includes full names, addresses, social security numbers, details about any agreements related to assets or support, income information, tax returns, and specifics about any debts or claims for reimbursement. Each interrogatory prompts for detailed responses, including documentation where applicable.
How long does the answering party have to respond?
The answering party must respond to the interrogatories within 30 days of being served with the form. This time frame is crucial as it ensures that the discovery process remains timely and efficient. If more time is needed, the answering party may request an extension, but this is not guaranteed.
What happens if the answering party does not respond?
If the answering party fails to respond to the interrogatories within the specified 30 days, the asking party may file a motion to compel. This could result in court sanctions against the non-compliant party, including potential fines or other penalties. It is essential to adhere to the deadlines outlined in the form.
Can the answering party refuse to answer certain questions?
Yes, the answering party can refuse to answer specific questions if they believe the information is privileged or irrelevant. However, they must assert their right to refuse and provide a valid reason for each refusal. It is important to document these refusals properly to avoid misunderstandings or legal repercussions.
What should be done if a document is referenced in the response?
If a response to an interrogatory references a document, the answering party must attach a copy of that document as an exhibit to their response. If the document has multiple pages, they should indicate the specific page and section where the relevant information can be found. This helps maintain clarity and ensures the asking party can review the necessary information.
Are there any penalties for providing false information?
Yes, providing false information on the 1292.10 form can lead to serious legal consequences. The answers must be sworn under penalty of perjury, meaning that if a party knowingly provides false information, they could face criminal charges, fines, or other legal repercussions. Accuracy and honesty are paramount when completing this form.
How can I obtain the California 1292.10 form?
The California 1292.10 form can be obtained from the California Judicial Council's website or through local court offices. It is essential to use the most current version of the form to ensure compliance with any updates or changes in the law. Additionally, many legal resources and family law attorneys can provide guidance on how to properly fill out the form.
Filling out the California 1292 10 form can be a straightforward process, but there are common mistakes that people often make. One frequent error is not providing complete personal information. It’s essential to include your full name, current address, and any other names you have used. Missing this information can delay the process and create confusion.
Another mistake is failing to answer questions fully. For instance, when asked about agreements with a spouse, some individuals may only provide partial details or neglect to attach necessary documents. Always ensure that you include all relevant agreements and clearly state whether they were written or oral.
Some people forget to attach required documents, such as tax returns or pay stubs. If the form requests attachments, be sure to include them. Omitting these documents can lead to complications in your case. It’s also crucial to reference any attached documents in your answers, as this helps clarify your responses.
Another common issue is not answering questions under oath. The form requires that your answers be signed and dated, declaring that they are true and correct. Failing to do this can invalidate your responses. Remember to include the statement at the end of your answers.
Additionally, some individuals misunderstand the instructions regarding identifying persons or documents. When asked to identify a person, provide their full name, address, and any relevant contact information. For documents, if you cannot attach a copy, describe it in detail, including its date and nature.
People also sometimes overlook the importance of being specific about financial support. When detailing support provided or received, include names, ages, and the exact amounts. This level of detail is necessary for clarity and accuracy.
Another mistake is not keeping track of deadlines. The form requires responses within 30 days. Missing this deadline can have negative consequences for your case. Make sure to mark your calendar and plan to complete the form well in advance of the due date.
Lastly, some individuals fail to review their completed forms for errors. Simple typos or omissions can create problems later on. Taking the time to carefully review your answers can save you from potential issues down the line.
The California 1292.10 form is a vital document used in family law cases, particularly for the exchange of information between parties. However, it often accompanies several other forms and documents that help streamline the legal process. Below are four commonly used forms that work in conjunction with the California 1292.10 form.
Understanding these accompanying forms can enhance your ability to navigate the family law process effectively. Each document plays a unique role in ensuring that all relevant information is shared, leading to fair outcomes for all parties involved.
The California 1292.10 form, known as the Form Interrogatories for Family Law, serves as a tool for gathering information in family law cases. Several other legal documents share similarities with this form, primarily in their purpose of facilitating the exchange of information between parties involved in legal proceedings. Below are seven documents that are similar to the California 1292.10 form, along with explanations of how they are alike:
When filling out the California 1292.10 form, it’s important to approach the task with care and attention to detail. Here are four key do's and don'ts to keep in mind:
Understanding the California 1292.10 form can be challenging, especially with the various misconceptions that surround it. Here are ten common misunderstandings regarding this form, along with clarifications to help demystify the process.
Clarifying these misconceptions can help individuals navigate the complexities of the California 1292.10 form more effectively. Understanding the requirements and implications of this form is essential for ensuring compliance and protecting one’s legal rights in family law matters.
Understanding the California 1292.10 form is crucial for anyone involved in family law proceedings. Here are some key takeaways to help you navigate this process:
Filling out this form accurately is essential for a fair legal process. Take your time and ensure that all information is complete and truthful.