What is FL 110 or Summons?

The first few steps of filing for divorce in California can be tricky.  You will need both a Petition for divorce as well as a Summons.

 In any court action for divorce, the Petitioner must first present an original completed form, Summons (Judicial Council Form FL-110), to the court clerk after payment of all applicable fees.

The clerk then "issues" the summons and retains the original in the court file. The clerk will file stamp conformed copies (for service and your file).

Next, both the Petition and the Summons must be properly served on the Respondent. 

You can contact me at Amanda@gordonfamilylaw.com for more information.

What is a FL 165 or Request to Enter Default

Experienced Bay Area family law attorneys will tell clients that a Request to Enter Default (Judicial Council Form FL-165) is the mandatory Judicial Council form to use in applying for an entry of a respondent's default in a divorce.

The form requires that either an Income and Expense Declaration (Judicial Council Form FL-150) or a Financial Statement (Simplified) (Judicial Council Form FL-155) and a Property Declaration (Judicial Council Form FL-160) be attached to the request unless (1) these documents were previously filed and there have been no changes; (2) there is a written agreement settling all issues subject to disposition in the action; (3) there are no issues of child, partner, or spousal support or attorney fees and costs; (4) the petition does not request money, property, costs, or attorney fees; (5) there are no issues of division of community property; or (6) the action is one to establish a parental relationship (i.e., an action under the Uniform Parentage Act (Fam C §§7600–7730)), rather than a marital action.

If you need assistance filling out your Request for Default, you can contact me at Amanda@gordonfamilylaw.com for more information.. 

What is an RSU?

An RSU is a restricted stock unit. The only difference between RSU and restricted stock is that an RSU is an unfunded promise. This amounts to an entry on the books at the corporate level. The only distinction between traditional restricted stock and an RSU is that you cannot make a Section 83 b election – the election for the employee to opt out of the standard IRS treatment with an RSU. Instead, you are typically taxed when the substantial risk of forfeiture goes away. 

There two key questions when evaluating the value of an RSU (1) when the does the earning period begin and (2) when does the earning period end.

I don’t know what types of equity compensation my wife has at her start-up, what documents should I ask for in a divorce?

The document that you are looking for in order to determine what type of stock award your spouse has been given is called an Equity Compensation Plan Document. At the company level this is a document that applies to all employees. You will also want something called a Grant Notice, which describes the specific provisions of each grant given to the employee.

Last, you will want to ask for an Account Statement, which is a snap shot of where the employees accounts are today.

You can contact me at Amanda@gordonfamilylaw.com for more information.. 

Can I reduce my child support below the guideline amount?

Experienced Bay Area Family Attorneys will tell clients that it is very difficult to reduce child support below the calculated amount. This is because in California, child support is calculated based on income, not expenses.  This can be very frustrating for some clients in high cost of living areas like the Bay Area. Child support guideline calculations are based on the algebraic formula contained in Family Code section 4055, subdivision (a) and the key element of which is each parent's net monthly disposable income.  This figure is computed by totaling “annual gross income” less allowable deductions, and dividing by 12.  

The net disposable income is calculated by deducting from gross income the actual amounts of:
- state and federal income taxes. 
- union dues and retirement benefits, when they are required as a condition of employment. 
- health insurance and health plan premiums, state disability insurance premiums
- hardships found in Family Code Section 4071(extraordinary medical hardships, uninsured catastrophic loss, or support of other minor children not subject to the child support action).   

Unfortunately, there are very few published appellate cases that articulates what could constitute a hardship under 4071 (a)(1). A leading secondary source states that "granting of a hardship deduction is not automatic. The parent must be "experiencing extreme financial hardship" as a result of justifiable expenses of the kinds specifically allowable as hardship deductions". Whether to grant a hardship deduction, as well as the amount of such a deduction, is discretionary. Marriage of Paulin (1996) 46 CA4th 1378 (affirmed trial court's setting of hardship deduction for expenses of father's other children at one half of computer-calculated amount). Any hardship deduction is from the income of the parent to whom it applies, not from the amount of child support to be paid. Fam C §4059(g).

The law has been purposefully vague in these situations, allowing Judge’s maximum discretion when determining what is a hardship.  Bay Area Family Lawyers advise that in these situations, clients should be prepared to demonstrate to the trial court why the claimed expense is “extraordinary” and why it creates an extreme difficulty in paying full formula child support. If you are considering filing for a modification of child support, you can contact me at Amanda@gordonfamilylaw.com for more information.