Get California Fl 145 Form

Get California Fl 145 Form

The California FL-145 form is a legal document used in family law cases to facilitate the exchange of important information between parties. This form includes a series of questions, known as interrogatories, that must be answered under oath, allowing both parties to share relevant details about their assets, debts, and other pertinent matters. To ensure your privacy, remember to click the "Clear This Form" button after completing the document.

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Structure

The California FL-145 form serves as a vital tool in family law cases, facilitating the exchange of essential information between parties involved in legal proceedings. This form includes a series of interrogatories designed to elicit relevant details without imposing undue burdens on the answering party. It requires both parties to provide comprehensive responses under oath, ensuring that all information shared is truthful and accurate. The form outlines specific instructions for both the asking and answering parties, emphasizing the importance of clarity and completeness in responses. Definitions of key terms, such as "person," "document," and "asset," are provided to ensure that all parties have a shared understanding of the language used. Additionally, the FL-145 form mandates that responses must be accompanied by supporting documentation when applicable, thereby enhancing the transparency of the information exchanged. By requiring disclosures related to personal history, financial agreements, legal actions, and support obligations, the form plays a crucial role in establishing a clear picture of each party's circumstances. Ultimately, the FL-145 is not just a procedural requirement; it is a foundational element that helps to ensure fairness and accountability in family law disputes.

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

ATTORNEY FOR (Name):

FL-145

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

SHORT TITLE:

FORM INTERROGATORIES–FAMILY LAW

CASE NUMBER:

Asking Party:

 

 

Answering Party:

 

 

Set No.:

 

 

Sec. 1. Instructions to Both Parties

Sec. 4. Instructions to the Answering Party

The interrogatories on page 2 of this form are intended to

You must answer these interrogatories under oath within 30

provide for the exchange of relevant information without

days, in accordance with Code of Civil Procedure section

unreasonable expense to the answering party. They do not

2030.260.

 

change existing law relating to interrogatories, nor do they

You must furnish all information you have or can reasonably

affect the answering party’s right to assert any privilege or

make any objection. Privileges must be asserted.

find out, including all information (not privileged) from your

 

attorneys or under your control. If you don’t know, say so.

Sec. 2. Definitions

Words in boldface in these interrogatories are defined as follows:

(a)Person includes a natural person; a 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.

(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.

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 FL-142), the document should be attached only to the response, and the form should refer to the response.

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

(f)If asked to identify a person, give the person’s name, last known residence and business addresses, 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.

Sec. 3. Instructions to the Asking Party

Check the box next to each interrogatory you want the answering party to answer.

Your answers to these interrogatories must be under oath, dated, and signed. Use the following statement 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)

Page 1 of 2

Form Approved for Optional Use Judicial Council of California FL-145 [Rev. January 1, 2006]

FORM INTERROGATORIES–FAMILY LAW

Code of Civil Procedure,

§§2030.010–2030.410, 2033.710 www.courtinfo.ca.gov

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 or domestic partner, made before or during your marriage or domestic partnership 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 contents.

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 12 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 paycheck stubs.

8.Other income. During the past three years, have you received cash or other property from any source not identified in item 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 tax 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 FL-142) served with these interrogatories.

11.Separate property contentions. State the facts that support your contention that an asset or debt is separate property.

FL-145

12.Property valuations. During the past 12 months, have you received written offers to purchase or had written appraisals of 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, 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. Have you claimed 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 the 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 that any of 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, and the source of the money paid. Describe the billing arrangements.

21.Gifts. List any gifts you have made without the

consent of your spouse or domestic partner in the past 24 months, their values, and the recipients.

FL-145 [Rev. January 1, 2006]

FORM INTERROGATORIES–FAMILY LAW

 

 

 

 

 

 

 

 

 

 

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Page 2 of 2

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Document Data

Fact Name Fact Description
Purpose The FL-145 form is used for exchanging information in family law cases.
Governing Law It is governed by the California Code of Civil Procedure, sections 2030.010–2030.410, 2033.710.
Response Time The answering party must respond within 30 days under oath.
Information Required Parties must provide all relevant information they have or can obtain.
Definition of Terms Key terms like "person," "document," and "asset" are clearly defined in the form.
Oath Requirement Answers must be signed and include a declaration under penalty of perjury.
Attachments If referencing documents, copies must be attached as exhibits.
Support Information Parties must disclose any support provided or received in the past 12 months.
Asset Disclosure The form requires a complete Schedule of Assets and Debts (form FL-142).
Clearance of Data Users are advised to clear the form after completion to protect privacy.

How to Use California Fl 145

Completing the California FL 145 form is a straightforward process that requires careful attention to detail. After filling out the form, it’s important to ensure all information is accurate and complete before submission. You will need to answer the interrogatories under oath and provide any necessary attachments. Once finished, remember to clear the form for your privacy.

  1. Header Information: Fill in your name, state bar number (if applicable), and address at the top of the form. Include your telephone number and the name of the party you are representing.
  2. Case Information: Enter the short title of the case and the case number.
  3. Asking and Answering Party: Specify who is asking and who is answering the interrogatories.
  4. Check Interrogatories: Review the interrogatories on page 2 and check the boxes next to each question you want the answering party to respond to.
  5. Provide Answers: For each checked interrogatory, provide detailed answers. Make sure to include all relevant information and attach any necessary documents.
  6. Oath Statement: At the end of your answers, write the declaration stating that your answers are true and correct. Include the date and your signature.
  7. Attachments: Attach any required documents, such as tax returns or agreements, as specified in the interrogatories.
  8. Review: Double-check all entries for accuracy and completeness.
  9. Clear Form: After printing the completed form, press the "Clear This Form" button to protect your privacy.

Key Facts about California Fl 145

What is the purpose of the California FL-145 form?

The California FL-145 form is designed to facilitate the exchange of relevant information between parties involved in family law cases, such as divorce or child custody proceedings. It includes a series of interrogatories, which are questions that one party asks the other to answer under oath. This form helps ensure that both parties have access to necessary information without incurring unreasonable expenses, promoting transparency and fairness in legal proceedings.

Who must complete the FL-145 form?

Both parties involved in a family law case are required to complete the FL-145 form. The asking party initiates the process by selecting the specific interrogatories they want the answering party to respond to. The answering party must then provide answers to these questions under oath within 30 days. This requirement applies to all individuals engaged in family law disputes in California, regardless of whether they are represented by an attorney.

What kind of information is requested on the FL-145 form?

The FL-145 form requests a variety of personal and financial information. This includes details about each party’s identity, income, assets, debts, and any support provided or received. Specific questions may ask about agreements between parties, legal actions involving the parties, and the status of insurance policies. The form aims to gather comprehensive information that is relevant to the case, ensuring that both parties have a clear understanding of each other's financial situations.

What happens if a party cannot fully answer an interrogatory?

If a party cannot fully answer an interrogatory, they are instructed to provide as much information as possible. They should explain the reasons for the incomplete answer and include any information they can provide about the unanswered portion. This approach allows for transparency and demonstrates good faith in the information-gathering process, even when complete answers are not feasible.

What are the consequences of not responding to the FL-145 form?

Failure to respond to the FL-145 form within the specified 30-day timeframe can have serious consequences. The court may interpret this lack of response as a failure to comply with legal obligations, which could result in penalties. These penalties might include sanctions or unfavorable rulings in the ongoing family law case. It is essential for both parties to adhere to the deadlines and requirements outlined in the form to avoid potential legal repercussions.

Common mistakes

Filling out the California FL 145 form can be daunting. Many people make mistakes that can lead to delays or complications in their case. Here are nine common errors to avoid.

First, failing to provide complete personal information is a frequent issue. Individuals often leave out their full name, current address, or social security number. This information is crucial for identification and processing. Ensure that every detail is accurate and up to date.

Second, some people neglect to answer all interrogatories. Each question must be addressed, even if the answer is "I don't know." Omitting answers can be seen as non-compliance and may negatively impact your case.

Third, many forget to attach required documents. If an interrogatory asks for a document and you have it, attach it as instructed. Failing to include necessary documentation can lead to further requests and delays.

Fourth, not signing the form is a common mistake. Your answers must be under oath, and a signature is required to validate your responses. Without it, the form is incomplete.

Fifth, people often misunderstand the definition of "assets" and "debts." Misclassifying these can lead to inaccurate reporting. Be clear about what constitutes an asset or debt in your situation.

Sixth, many individuals do not provide sufficient detail when describing agreements or legal actions. Simply stating "yes" or "no" is not enough. You must provide specific information, including dates and descriptions.

Seventh, some fail to keep copies of their tax returns and other financial documents. These are necessary for verifying income and other financial claims. Always include copies of the last three years of tax returns as required.

Eighth, people often overlook the importance of the "Schedule of Assets and Debts." This form must be completed accurately and submitted alongside the FL 145. Incomplete or inaccurate schedules can complicate your financial disclosures.

Finally, not reviewing the entire form before submission can lead to errors. Take the time to double-check all entries and ensure that everything is filled out correctly. This step can save you from unnecessary follow-ups and delays.

By avoiding these common mistakes, you can ensure that your California FL 145 form is completed accurately and efficiently. This attention to detail will help facilitate a smoother process in your family law case.

Documents used along the form

The California FL-145 form is part of the family law process, specifically designed for interrogatories. It facilitates the exchange of information between parties in a family law case. Several other forms and documents are commonly used alongside the FL-145 to ensure a comprehensive understanding of the case and to fulfill legal requirements. Below is a list of these documents.

  • Schedule of Assets and Debts (Form FL-142): This form requires parties to disclose all assets and debts they possess. It helps in determining the financial landscape during divorce proceedings or legal separations.
  • Declaration of Disclosure (Form FL-140): This document mandates the disclosure of financial information, including income, expenses, and assets. It is essential for ensuring transparency between parties and is typically required before any court hearings.
  • Income and Expense Declaration (Form FL-150): This form provides a detailed account of a party's income and expenses. It is often used to determine child support and spousal support obligations, reflecting the financial situation of each party.
  • Request for Order (Form FL-300): This form is used to request specific orders from the court, such as child custody or support modifications. It outlines the relief sought and provides a basis for the court's decision-making process.

These documents, when used in conjunction with the FL-145 form, create a clearer picture of the parties' financial circumstances and legal positions. Each form serves a distinct purpose, contributing to the overall process of family law cases in California.

Similar forms

The California FL-145 form, known as the Form Interrogatories for Family Law, serves a specific purpose in family law cases. However, there are several other documents that share similarities with this form. Here’s a list of six documents that are comparable to the FL-145 form, along with an explanation of how they relate:

  • FL-142: Schedule of Assets and Debts - Like the FL-145, this form requires parties to disclose financial information. It focuses specifically on the assets and debts of each party, helping to clarify the financial landscape during divorce proceedings.
  • FL-150: Income and Expense Declaration - This document is similar in that it requires detailed financial disclosures. It provides a comprehensive view of a party's income, expenses, and financial obligations, which can be crucial for determining support obligations.
  • FL-180: Judgment - The FL-180 outlines the final terms of a divorce or legal separation. While the FL-145 gathers information, the FL-180 formalizes the decisions made based on that information, making it a critical component of family law proceedings.
  • FL-300: Request for Order - This form allows a party to request specific orders from the court, often related to child custody or support. Similar to the FL-145, it requires parties to provide relevant information to support their requests.
  • FL-310: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act - This document is essential in cases involving child custody. Like the FL-145, it requires parties to provide information, but it specifically addresses jurisdictional issues regarding child custody matters.
  • FL-200: Summons - The FL-200 initiates family law proceedings. While it does not request information like the FL-145, both documents are fundamental to the process of family law cases, establishing the parameters for what will be addressed in court.

Dos and Don'ts

When filling out the California FL 145 form, there are several important dos and don’ts to keep in mind. Here’s a list to help you navigate the process smoothly.

  • Do read all instructions carefully before starting.
  • Don’t leave any questions unanswered; if you don’t know, state that clearly.
  • Do provide complete and honest information about your assets and debts.
  • Don’t include privileged information that you are not required to disclose.
  • Do attach any necessary documents as exhibits to support your answers.
  • Don’t forget to sign and date your responses under penalty of perjury.
  • Do check the box next to each interrogatory you want answered.
  • Don’t use vague language; be specific in your responses.
  • Do keep a copy of the completed form for your records.

By following these guidelines, you can ensure that your form is filled out correctly and efficiently.

Misconceptions

Misconceptions about the California FL 145 form can lead to confusion. Here are four common misunderstandings:

  • The FL 145 form is only for attorneys. Many believe that only lawyers can use this form. In reality, it is designed for both parties involved in a family law case, allowing individuals to represent themselves if they choose.
  • Completing the form is optional. Some think that filling out the FL 145 is not necessary. However, this form is crucial for exchanging relevant information in family law cases, and failing to complete it can hinder the process.
  • All information must be provided even if it is not known. There is a misconception that if a person does not know certain information, they should not submit the form. In fact, the instructions state that if you don’t know something, you should say so and provide as much information as possible.
  • Responses can be vague or incomplete. Many individuals believe they can give vague answers to the interrogatories. However, the form requires specific responses, and if an answer cannot be fully provided, the respondent must explain why and share any known information related to the question.

Key takeaways

When filling out and using the California FL-145 form, keep these key points in mind:

  • Confidentiality: Press the "Clear This Form" button after completing your entries to protect your privacy.
  • Timeliness: You must answer the interrogatories under oath within 30 days.
  • Information Sharing: Provide all relevant information you can obtain, including non-privileged details from your attorneys.
  • Document Attachment: If referring to a document in your answers, attach it as an exhibit and specify where the information can be found.
  • Oath Requirement: Your answers must be signed and dated, including a declaration that they are true and correct.
  • Answering Incomplete Questions: If you cannot fully answer an interrogatory, provide as much information as possible and explain any limitations.
  • Legal Agreements: Disclose any agreements affecting assets or support, including their details and copies if available.
  • Income Disclosure: List all income received over the past year and attach your last three paycheck stubs for verification.

By following these guidelines, you can ensure that your use of the FL-145 form is accurate and compliant with legal requirements.