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In the landscape of family law, the depth and breadth of information required for legal proceedings can be substantial, a reality that the California 1292 10 form, or more formally known as the Form Interrogatories—Family Law, addresses comprehensively. This document serves as a structured mechanism for parties within a family law case to exchange relevant information in a manner that aims to minimize undue expense and complexity. The form, instituted by the Judicial Council of California, operates within a framework set by the California Code of Civil Procedure, particularly sections 2030(c) and 2033.5, emphasizing both the breadth of information solicited—from personal history, financial dealings, and assets, to specifics about support provided or received and health or insurance matters—and the procedural directives guiding the exchange of this information. Respondents are required to provide thorough, under-oath responses within 30 days, addressing a series of interrogatories that cover a gamut of topics relevant to familial and financial standings, including any agreements affecting assets, debts, or support, involvement in legal actions, personal income, and property valuations. The form not only mandates disclosures but also stipulates strict instructions for both the asking and answering parties to ensure clarity and completeness of the information provided, underscoring the critical role of such disclosures in the equitable resolution of family law disputes.

Document Example

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]

FORM INTERROGATORIES

(Family Law)

WEST GROUP

Official Publisher

Page two

Form Breakdown

Fact Description
Form Identification The form is identified as California 1292.10, titled Form Interrogatories—Family Law, approved by Judicial Council of California.
Effective Date It was introduced and became effective on July 1, 1990.
Purpose Designed to facilitate the exchange of relevant information in family law cases without imposing unreasonable expenses on the answering party.
Governing Laws It is governed by sections 2030(c) and 2033.5 of the Code of Civil Procedure.
Oath Requirement Answers to these interrogatories must be provided under oath, with the declaration dated and signed by the responding party.
Definitions Section Provides definitions for terms in boldface capitals, including "PERSON," "DOCUMENT," "ASSET or PROPERTY," and "DEBT," to ensure clarity in responses.
Instructions for Parties Includes specific instructions for both the asking and answering parties, detailing how interrogatories should be checked, answered under oath, and within a 30-day period in accordance with the governing laws.

How to Write California 1292 10

The California 1292.10 form serves as a comprehensive set of questions (interrogatories) related to family law matters, aiding in the exchange of pertinent information between parties without imposing undue expenses. The form demands detailed information covering aspects such as personal history, agreements, legal actions, and financial details. Carefully completing this form is essential for ensuring accurate and thorough communication of all relevant information.

Steps for Filling Out the California 1292.10 Form

  1. Start with the section titled "ATTORNEY OR PARTY WITHOUT ATTORNEY." Enter your name and address, telephone number, and if applicable, the name of the attorney you're representing.
  2. In the "SUPERIOR COURT OF CALIFORNIA, COUNTY OF" field, write the name of the county where the court proceedings are taking place.
  3. Fill in the "SHORT TITLE OF CASE" with the case's name as it appears in other legal documents related to the matter.
  4. Under "Asking Party" and "Answering Party," list the names of the party requesting the information and the party required to provide answers, respectively.
  5. Input the "Set No." to identify this set of interrogatories uniquely if multiple sets are being used.
  6. Provide the "CASE NUMBER" as it appears on other court documents related to this family law matter.
  7. Read through Sec. 1 and Sec. 2 carefully to understand the instructions, definitions, and prerequisites before answering the interrogatories.
  8. In Sec. 3, "Instructions to the Asking Party," only check the boxes next to the interrogatories you wish the answering party to respond to.
  9. Answers to the interrogatories must include all required information under oath and as fully as knowledge permits, as detailed in Sec. 4, "Instructions to the Answering Party."
  10. Complete each of the 21 interrogatories with the requisite detailed information specified in their instructions. For each, if referring to a document, ensure that document is attached as an exhibit or adequately described if not attached.
  11. Sign and date the document under penalty of perjury as instructed in Sec. 5, "Oath," thereby declaring all provided answers are true and correct to the best of your knowledge.

Once filled out, review the document to ensure completeness and accuracy before submitting it to the appropriate party or directly to the court, if required. This step is crucial for maintaining the integrity of the legal process and ensuring that all parties have access to the necessary information for the resolution of the case.

Listed Questions and Answers

What is the California 1292.10 form?

The California 1292.10 form, officially known as Form Interrogatories—Family Law, is a document used in family law cases in the state of California. This form facilitates the exchange of relevant information between parties involved in family law proceedings, such as divorces or custody cases, without causing unreasonable expense. It encompasses various questions (interrogatories) covering personal history, financial information, and other relevant details that need to be disclosed under oath by the answering party.

Who needs to fill out this form?

Parties involved in a family law case in California, such as divorce, separation, custody, or support modifications, are often required or requested to fill out the Form Interrogatories—Family Law (California 1292.10). These parties can either be represented by an attorney or represent themselves (in pro per). The form is used to gather pertinent information, ensuring transparency and facilitating equitable resolution of the case.

How does one complete the 1292.10 form correctly?

Completing the California 1292.10 form correctly involves several steps:

  1. Read Sec. 1 and Sec. 2 carefully for general instructions and definitions.
  2. Complete each interrogatory in the form truthfully and to the best of your knowledge. If additional space is needed, attach separate sheets referencing the appropriate question number.
  3. For questions requiring document attachments (for example, tax returns, agreements, or schedules of assets and debts), ensure they are attached as exhibits to your responses.
  4. If you are unable to answer a question fully, provide as much information as possible and explain why further details cannot be provided.
  5. Verify your answers and sign the declaration under oath at the end of the document, affirming the accuracy and truthfulness of your responses.

What is the deadline for submitting the California 1292.10 form?

The answering party must complete and return the California 1292.10 Form Interrogatories—Family Law within 30 days, as mandated by the Code of Civil Procedure section 2030. This timeframe starts from the date the interrogatories are served. Timely submission is crucial to avoid potential delays or complications in the case proceedings.

Can a party object to answering certain interrogatories in the form?

Yes, parties have the right to object to specific interrogatories in the California 1292.10 form if they believe an interrogatory is not relevant, overly broad, duplicates other enquiries, or violates their right to privacy among other legal grounds. However, simply objecting to an interrogatory does not exempt a party from responding. They must state the objection clearly and provide a rationale for it. Responses must still be provided for non-objected to interrogatories. It is within the court's purview to decide on the validity of objections.

What happens if a party does not comply with completing the 1292.10 form?

Failure to comply with the requirements of completing and returning the California 1292.10 form can lead to several consequences, including:

  • The court may order the non-complying party to provide the requested information.
  • Sanctions or penalties might be imposed, including covering the opposing party's attorney fees or monetary fines for non-compliance.
  • The court might also limit the non-compliant party's ability to present evidence related to information that was not disclosed.
Prompt and complete responses are essential to avoid such repercussions and to ensure the smooth progression of the family law case.

Common mistakes

When filling out the Form Interrogatories—Family Law (Form 1292.10) in California, it's crucial to avoid common mistakes that can impact the outcome of your case. Here are five important errors to steer clear of:

  1. Not answering under oath: One major slip-up is failing to answer the interrogatories under oath. Sec. 5 of the form mandates that answers must be declared under penalty of perjury under the laws of California. Overlooking this requirement can make your responses inadmissible or subject you to legal penalties.

  2. Ignoring defined terms: The form specifies definitions in Sec. 2 for certain terms, such as PERSON, DOCUMENT, ASSET, PROPERTY, DEBT, and SUPPORT. Respondents often mistake these for their general meanings, not realizing they encompass broader legal definitions. Misinterpreting these terms can lead to incomplete or inaccurate responses.

  3. Omitting necessary attachments: Another common error is not attaching referenced documents. Sec. 4 instructs that if an interrogatory is answered by referring to a document, the document must be attached as an exhibit. Failure to do so or inadequately referencing the document can result in the need for clarification or follow-up, delaying the process.

  4. Incomplete information: Providing incomplete information is a frequent issue. The form requires detailed answers, including the identification of persons and documents (Sec. 4). Answers that lack necessary details, fail to fully answer the question, or neglect to state the reason for partial answers can lead to requests for further information or challenges to the sufficiency of the response.

  5. Overlooking the necessity to update answers: Circumstances and information can change after the initial filing of the form. Participants often forget to update their responses to reflect new information. While the form itself does not explicitly mandate updates, it's important to provide the most current and accurate information throughout the legal process to ensure fairness and efficiency.

Awareness and attention to these points when completing Form 1292.10 can contribute significantly to the smooth progression of family law proceedings in California.

Documents used along the form

When navigating the intricacies of family law proceedings in California, especially when filling out the California 1292 10 form (Form Interrogatories—Family Law), it's essential to have a comprehensive understanding of the accompanying documents that may be required. These forms and documents play a crucial role in providing a detailed account of an individual's financial and personal situation, facilitating the resolution of various legal matters pertaining to assets, debts, support, and more.

  • Schedule of Assets and Debts (FL-142): This form is a critical component of the divorce process, requiring parties to list all known assets and debts. It helps ensure a fair division of property by giving a clear picture of what belongs to whom and what is owed.
  • Income and Expense Declaration (FL-150): The Income and Expense Declaration provides a comprehensive overview of a party's financial situation, detailing income sources, monthly expenses, assets, and debts. It's used to assess financial needs, obligations, and the appropriate level of support.
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105): For cases involving child custody, this form is necessary to determine jurisdiction. It requires information about the child's current residence, past residences, and the presence of custody cases in other jurisdictions.
  • Proof of Service of Summons (FL-115): A document that verifies the respondent has been officially notified about the divorce proceedings. It's a critical step in ensuring the legal process moves forward with the knowledge and participation of both parties.

In conclusion, while the Form Interrogatories—Family Law (California 1292 10 form) is a pivotal part of the discovery process in family law cases, understanding and properly utilizing related forms like the Schedule of Assets and Debts, Income and Expense Declaration, Declaration Under UCCJEA, and Proof of Service of Summons is equally important. These documents collectively provide the court and all involved parties with the necessary information to make informed decisions regarding the division of assets, custody arrangements, and financial support. As such, they are indispensable tools for navigating the complexities of family law proceedings in California.

Similar forms

The California 1292.10 Form, designed for family law interrogatories, shares similarities with the Schedule of Assets and Debts form. Both documents require detailed disclosure of financial information, emphasizing the identification and valuation of assets, debts, and any separate property claims. This ensures transparent communication between parties in a divorce, streamlining the process of dividing property.

Another similar document is the Income and Expense Declaration form used in divorce proceedings. Like the California 1292.10 Form, this requires a comprehensive listing of personal income, expenses, and financial disclosures. It serves to inform the court and other parties of an individual's financial status to make informed decisions regarding support and asset division.

The Declaration Regarding Service of Declaration of Disclosure form parallels the California 1292.10 Form in its purpose to promote honesty and transparency in the disclosure of financial information during divorce. Both forms contribute to a fair dissolution process by requiring parties to disclose assets, liabilities, and income fully.

The Child Custody and Visitation (Parenting Time) Application Attachment is similar in its requirement for detailed information to make informed decisions, akin to how the California 1292.10 Form seeks detailed responses for asset division. It focuses on the child's welfare, requiring specifics to establish an effective parenting plan.

The Request for Order form, used in family law to request court orders for matters such as custody, support, or property division, resembles the interrogatory function of the California 1292.10 Form. It necessitates a detailed explanation of the request, enabling the court to understand the situation comprehensively.

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Declaration form, similar to the California 1292.10 Form, requires detailed information about children's residence history to establish jurisdiction in custody cases. Disclosure ensures decisions are made in the children's best interests, reflecting the California 1292.10 Form's goal of informed decision-making in divorce proceedings.

The Declaration of Disclosure form, like the California 1292.10 Form, is foundational in divorce proceedings for exchanging financial information. It serves to ensure both parties have a complete understanding of their financial situation, enabling fair negotiations and court decisions regarding division of assets and debts.

The Property Declaration form, which lists individual and communal property for division in a divorce, shares the essence of thorough disclosure with the California 1292.10 Form. Both forms are critical for the equitable splitting of assets, requiring detailed descriptions and valuations of properties.

Similar to the California 1292.10 Form, the Response to Domestic Violence Restraining Order Request demands specifics about the respondent's perspective and circumstances. While focused on protection rather than financial disclosure, it similarly requires detailed information to inform court decisions.

The Spousal or Domestic Partner Support Declaration Attachment, which allows for detailed accounts of financial need and capacity to pay support, mirrors the California 1292.10 Form’s requirements for financial disclosures. Both documents are vital in determining support obligations in family law cases.

Dos and Don'ts

When it comes to completing the California 1292.10 form, attention to detail and thoroughness are essential. Below are the dos and don'ts to ensure accurate and complete submissions.

Do:
  • Review the instructions carefully before you start filling out the form. Understanding the requirements can prevent mistakes and ensure that your response is compliant with legal standards.
  • Provide detailed answers. Whenever possible, give comprehensive information in response to each question, as this will facilitate a clearer understanding of your situation and potentially expedite the legal process.
  • Attach all necessary documents. If the question requires supporting documents, make sure to attach them. Failing to do so might result in an incomplete application, causing delays.
  • Assert any applicable privileges or make necessary objections. If certain information requested is privileged or if there's a valid reason to object to an interrogatory, be sure to clearly state that within your response.
  • Sign and date your answers under oath. This acknowledges that you are aware of the legal responsibilities tied to the information you have provided and that you have done so truthfully to the best of your knowledge.
Don't:
  • Assume definitions. The form specifies definitions for terms like "PERSON," "DOCUMENT," and "ASSET or PROPERTY." Make sure your answers align with these definitions to avoid misunderstandings.
  • Leave questions unanswered. If you don't know the answer or the question does not apply to you, explicitly state this in your response. Leaving a question blank might be interpreted as oversight or avoidance.
  • Omit page and section references when referring to attached documents. Proper referencing allows for easier navigation and review of your provided information.
  • Attach documents to the wrong section. If a document should be attached to both this form and another form (e.g., Schedule of Assets and Debts), attach it only where specified and reference accordingly.
  • Forget to update your responses if new information emerges. Your circumstances may change after you've submitted the form. It’s critical to inform the relevant legal parties of these updates to maintain the accuracy and integrity of the proceeding.

Misconceptions

When it comes to navigating family law proceedings, understanding the intricacies of the documentation required is crucial. The California 1292.10 Form, commonly referred to as the Form Interrogatories—Family Law, is one such document that often lends itself to misconceptions. Below, we will dispel six common myths surrounding this form to help clarify its purpose and requirements.

  • It’s just a formality and doesn't require detailed responses. Contrary to this belief, the California 1292.10 Form is a critical component of the discovery process in family law cases. It requires thorough and accurate responses to all questions unless a valid objection or privilege is asserted. Incomplete answers can lead to further legal complications and can disadvantage a party’s position in the case.

  • Any legal professional can complete the form on behalf of a client. While legal professionals often assist in preparing responses, it’s important to remember that answers must be provided under oath by the party themselves. This means that the individual must review, verify, and, if necessary, swear to the accuracy of the information provided, ensuring it reflects their knowledge and belief.

  • You can skip questions if you find them irrelevant. Every question on the form is designed to gather pertinent information related to the family law proceedings. If a party believes a question is not relevant, they must still respond and can note their objection in their answer. Simply skipping questions without explanation can lead to motions to compel answers and may negatively impact the case.

  • Privileged information has to be disclosed. The instructions in the document clearly state that privileges must be asserted. This means that if a question asks for information that a party believes is protected by a legal privilege (such as attorney-client communication), the party is responsible for identifying the question as calling for privileged information and asserting the privilege.

  • The form only requires financial information. While the California 1292.10 Form does inquire about financial issues such as assets, debts, and income, it also covers a wide range of other topics. These include personal history, legal actions, residence information, support obligations, and even health-related questions. Its comprehensive nature is aimed at painting a full picture of the circumstances surrounding the family law issue.

  • Once submitted, the answers are final. Although the responses must be as accurate and complete as possible at the time of submission, circumstances can change. It’s the responsibility of the providing party to update their answers if significant new information becomes available or if their circumstances change. This ensures that all parties and the court work with the most current and accurate information.

Understanding these aspects of the California 1292.10 Form can significantly affect the outcome of family law proceedings. By dispelling common misconceptions, parties can better prepare their responses and navigate the complexities of their cases with confidence.

Key takeaways

When navigating through the completion and utilization of the California Form 1292.10, there are several critical aspects to bear in mind. These not only aid in ensuring compliance with legal requirements but also facilitate a smoother legal process in family law matters.

  1. Understand the purpose of Form Interrogatories—Family Law, which is designed to facilitate the exchange of relevant information without causing undue expense for the answering party.

  2. Be mindful of the definitions section. Terms defined in BOLDFACE CAPITALS, such as PERSON, DOCUMENT, ASSET, PROPERTY, and DEBT, have specific meanings that apply throughout the form.

  3. It's essential to answer all interrogatories truthfully and under oath. False statements can have legal consequences.

  4. Answers to interrogatories must be provided within 30 days, in line with the Code of Civil Procedure section 2030.

  5. If a complete answer to an interrogatory is not possible, provide as much information as possible, explain the reason for any incomplete answers, and offer any known details regarding the unanswered portions.

  6. Privileges and objections may still be asserted, but any claims of privilege must be clearly identified in the response.

  7. Documents referenced in responses need to be attached as exhibits unless a valid reason is stated. If a document cannot be attached, a detailed description must be provided, including information about where the document can be accessed.

  8. All responses must be dated, signed, and declared under penalty of perjury according to the laws of California, affirming their accuracy and truthfulness.

  9. In responding to questions about assets, debts, support, and related matters, providing comprehensive and detailed information is crucial, as this data plays a significant role in family law proceedings.

Following these key points when filling out and using the Form 1292.10 can significantly impact the clarity, efficiency, and outcome of legal processes in family law. It ensures that all parties are on equal footing regarding the exchange of information and helps to streamline the resolution of disputes.

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