FAMILY LAW WORKSHOP PRESENTED BY FAMILY LAW FACILITATOR

FAMILY LAW WORKSHOP

PRESENTED BY FAMILY LAW FACILITATOR VENTURA COUNTY SUPERIOR COURT

DISCLOSURE The Family Law Facilitator (FLF) is available to help both parents and all other parties who have questions about family law issues, including child support, spousal support, health insurance and the availability of community resources to help families. THE FLF CANNOT ASSIST YOU IF YOU ARE CURRENTLY BEING REPRESENTED BY AN ATTORNEY. The FLF can help you in preparing your own forms and can give you general information. The FLF cannot go with you to Court. The FLF IS NOT YOUR LAWYER but is a neutral person who does not represent any parent or party. There is no attorney-client relationship between you and the FLF. The FLF may provide information and services to the other party in your case. Communications between you and the FLF are not confidential. You should consult with a private attorney if you want personalized advice or strategy, to have a confidential conversation, or to be represented by an attorney in court. The FLF is not responsible for the outcome of your case.

ORDER TO SHOW CAUSE TO GET OR CHANGE ORDERS FOR CHILD SUPPORT, SPOUSAL SUPPORT, CUSTODY, AND/ OR VISITATION YOU MUST FILL OUT AN ‘ORDER TO SHOW CAUSE’. YOU MUST HAVE AN EXISTING CASE OR BE FILING A CASE WITH AN ORDER TO SHOW CAUSE, SUCH AS A DISSOLUTION, LEGAL SEPARATION, PARENTAGE OR CHILD SUPPORT SERVICES CASE WITH THE DEPARTMENT OF CHILD SUPPORT SERVICES.

YOU WILL NEED TO: COMPLETE ALL OF YOUR FORMS MAKE TWO OR THREE COPIES FILE YOUR FORMS IN THE CLERKS OFFICE HAVE THE FORMS SERVED ON THE OTHER PARTY FILE THE PROOF OF SERVICE

WORDS YOU WILL NEED TO KNOW IN ORDER TO FILL OUT YOUR ORDER TO SHOW CAUSE.

PETITIONER: THE PERSON WHO STARTED THE ORIGINAL CASE. IF THE DEPARTMENT OF CHILD SUPPORT SERVICES IS INVOLVED IN YOUR CASE THEY WILL BE INCLUDED AS A PETITIONER. RESPONDENT: THE OTHER PARTY IN THE ORIGINAL CASE. THESE TITLES NEVER CHANGE. FOR EXAMPLE, IF YOU ARE THE RESPONDENT IN THE ORIGINAL CASE, YOU ARE STILL THE RESPONDENT. CASE NUMBER: WILL BE THE SAME CASE NUMBER AS ON THE ORIGINAL CASE.

THE ORDER TO SHOW CAUSE PAPER DETERMINES THE ISSUES TO BE ADDRESSED IN COURT. YOU MUST SELECT EACH ISSUE YOU WANT THE JUDGE TO DECIDE. YOU WILL NOT BE ABLE TO BRING UP NEW ISSUES IN COURT.

IF YOU ARE REQUESTING ORDERS FOR CHILD CUSTODY/ VISITATION, THE CLERK WILL GIVE YOU A MEDIATION DATE. IF YOU HAVE NEVER BEEN TO MEDIATION YOU WILL BE GIVEN AN ORIENTATION DATE. CHILDREN AGE 6 AND OLDER MUST BE BROUGHT TO MEDIATION.

• LEGAL CUSTODY applies to the right and responsibility to make decisions regarding the health, education and welfare of the minor child. SOLE LEGAL CUSTODY means that only one parent has the right to make these decisions. Usually, the court will order JOINT LEGAL CUSTODY which means that either parent may make the decisions unless the court specifies circumstances requiring joint consent. • PHYSICAL CUSTODY addresses the period of time each parent will have the child in his or her physical custody. An order for JOINT PHYSICAL CUSTODY does not necessarily mean a 50/50 custody arrangement but instead that each parent will have significant periods of physical custody. A SOLE PHYSICAL CUSTODY order means that the child will reside primarily with one parent who will have the day-to-day care of the child and the other parent will have Visitation' on specified times.

GUIDELINE CHILD SUPPORT is a payment made by one parent to the other to help support the minor children. GUIDELINE is determined by a computer program called a DISSOMASTER. CHILD SUPPORT: DO NOT WRITE IN A DOLLAR AMOUNT ON YOUR FORMS, BECAUSE “GUILDLINE IS DETERMINED.

• SPOUSAL SUPPORT = ALIMONY This is a payment made by one spouse to the other to help the supported spouse raise his or her standard of living close to the standard enjoyed during the marriage or domestic partnership.

DECLARATION: THIS IS YOUR STATEMENT OF FACTS TO THE MEDIATOR AND THE JUDGE OR COMMISSIONER. YOU WILL NEED TO INCLUDE: A BRIEF OVERVIEW OF YOUR EXISTING ORDER. WHAT YOU ARE REQUESTING. IF YOU ARE MODIFYING AN EXISTING ORDER, WHY YOU FEEL A MODIFICATION OF YOUR CURRENT ORDER IS NECESSARY. WHY THE COURT SHOULD GRANT YOUR REQUEST.

INCOME AND EXPENSE DECLARATION: THE INFORMATION YOU PROVIDE WILL BE USED TO OBTAIN OR MODIFY AN ORDER FOR CHILD SUPPORT AND/ OR SPOUSAL SUPPORT. YOU WILL NEED TO ATTACH PAY CHECK STUBS. PLEASE TAKE OUT YOUR SOCIAL SECURITY NUMBER. YOUR EXPENSES ARE AN ‘ESTIMATE’ OF YOUR MONTHLY LIVING EXPENSES. THE COURT REALIZES SOME OF THESE EXPENSES CHANGE FROM MONTH TO MONTH, SUCH AS FOOD, CLOTHING AND UTILITY BILLS, USE AN AVERAGE OF YOUR MONTHLY EXPENSES.

THE MOVING PARTY MAKE TWO OR THREE COPIES OF YOUR FORMS FILE ALL OF YOUR FORMS IN THE CLERKS OFFICE PAY THE FILING FEE OR TURN IN A FEE WAIVER HAVE SOMEONE OVER 18 SERVE THE OTHER PARTY or PARTIES HAVE YOUR SERVER FILL OUT THE PROOF OF SERVICE MAKE A COPY OF THE PROOF OF SERVICE FILE BOTH COPIES OF THE PROOF OF SERVICE IN THE CLERKS OFFICE PLEASE BRING YOUR FILED COPIES WITH YOU WHEN YOU GO TO COURT OR IF YOU NEED TO COME TO THIS OFFICE.

THE RESPONDING PARTY MAKE TWO OR THREE COPIES OF YOUR FORMS HAVE SOMEONE OVER 18 SERVE THE OTHER PARTY or PARTIES A COPY HAVE YOUR SERVER FILL OUT THE PROOF OF SERVICE MAKE A COPY OF THE PROOF OF SERVICE FILE YOUR ORIGINAL AND A COPY OF YOUR FORMS AND PROOF OF SERVICE IN THE CLERKS OFFICE PLEASE BRING YOUR FILED COPIES WITH YOU WHEN YOU GO TO COURT OR IF YOU NEED TO COME TO THIS OFFICE