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Navigating through the complexities of family law in California necessitates a thorough understanding of the forms and procedures that are integral to the legal process. Among these, the FL-145 form, also known as the Form Interrogatories–Family Law, plays a critical role. This document is designed to streamline the discovery process, allowing for the exchange of relevant information between parties without imposing undue burdens. The form meticulously outlines various aspects such as personal history, financial disclosures, and specifics regarding assets, debts, and support arrangements. It sets clear expectations for the answering party, requiring responses to be provided under oath within a specified 30-day period, in line with the Code of Civil Procedure section 2030.260. Furthermore, it encourages transparency by instructing the answering party to furnish all pertinent information that is not privileged and is within their reasonable capacity to obtain. The form also makes provisions for asserting privileges and making objections, ensuring that the rights of the answering party are preserved. Additionally, it offers guidance on how to refer to documents and provide detailed information that supports the answering party's contentions regarding the nature of property, claims for reimbursements, and other pertinent financial details. By mandating detailed responses to a set of standardized questions, the FL-145 form aims to mitigate complexities and facilitate a smoother resolution of family law matters in the state of California.

Document Example

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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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Form Breakdown

Fact Name Detail
Document Purpose The FL-145 form, also known as Form Interrogatories–Family Law, is designed to facilitate the exchange of relevant information between parties in a family law case without imposing unreasonable expense.
Answering Deadline Parties must respond to the interrogatories listed on the FL-145 form under oath within 30 days, as required by Code of Civil Procedure section 2030.260.
Information Disclosure Respondents are required to provide all the information they have or can reasonably obtain, except for information protected by privilege. This includes data from their attorneys or under their control.
Governing Law This form is governed by sections 2030.010 to 2030.410 and section 2033.710 of the California Code of Civil Procedure, focusing on the rules and procedures for interrogatories in civil proceedings.
Privacy and Security Measure To protect privacy and confidentiality, the form advises users to press the "Clear This Form" button after completing, saving, or printing the form to prevent unauthorized access to entered information.

How to Write California Fl 145

Filling out the California FL-145 Form is a crucial step for those involved in a family law case, requiring detailed and precise responses. This form allows for the orderly exchange of information between parties, ensuring clarity and aiding in the resolution process. Each question must be answered truthfully, under oath, and within the specified deadline to comply with California's legal procedures. Here is a simplified guide to completing the FL-145 form.

  1. Start by filling in the information at the top of the form, including the name, state bar number (if applicable), and address of the attorney or party without an attorney. Provide the telephone number and the attorney's name if represented.
  2. Enter the case number, short title of the case, and the names of both the asking and answering parties.
  3. Proceed to section 1, where you'll provide your personal history. Include your full name, current work and residence addresses, social security number, any other names used, and the dates those names were used.
  4. In section 2, disclose any agreements related to asset, debt, or support disposition between you and your spouse or domestic partner, specifying the details and attaching any relevant documents.
  5. Section 3 requires information on any legal actions you're involved in or anticipate. Describe each action, including your role and the case specifics.
  6. For section 4, list everyone living in your household, providing their names, ages, and their relationship to you.
  7. Sections 5 and 6 ask for details on support provided to and received from others. Specify each person's name, age, address, relationship to you, and the support amount per month.
  8. Detail your income over the past 12 months in section 7, attaching your last three paycheck stubs as required.
  9. Section 8 covers other income sources in the past three years not included in item 7, demanding specifics about each income source.
  10. Attach your tax returns from the past three years for section 9.
  11. Complete and attach the Schedule of Assets and Debts (form FL-142) as directed in section 10.
  12. Explain your property contentions, valuations, any property held by third parties, benefits, claims of reimbursement, credits, and insurance details in sections 11 through 17.
  13. Sections 18 through 21 inquire about health issues affecting work capability, children's special needs, attorney fees, and undisclosed gifts. Provide comprehensive details for each.
  14. Ensure you declare under penalty of perjury at the form's conclusion that your answers are true and correct, signing and dating the statement.
  15. After completing the form, remember to press the "Clear This Form" button for your privacy and protection if you filled it out electronically before printing it out for submission.

Once the FL-145 form is completed and submitted, it becomes part of the formal discovery process. Timeliness and accuracy are paramount, as this information could significantly influence the proceedings. It is advisable to consult with a legal professional if there are any uncertainties during this process. Proper completion and submission will facilitate a smoother progression through the legal system, ensuring both parties have the necessary information to proceed with the case.

Listed Questions and Answers

What is the California FL-145 form?

The California FL-145 form, also known as Form Interrogatories–Family Law, is a document used in family law proceedings to gather relevant information from one party to another. This standardized form lists a series of questions (interrogatories) that require detailed answers about personal history, financial assets, liabilities, incomes, and other matters pertinent to divorce or separation cases. It aims to facilitate the exchange of information necessary for the court to make informed decisions without causing undue expense or burden.

Who needs to fill out the FL-145 form?

Parties involved in family law cases, such as divorce or separation, are required to fill out the FL-145 form if they are requested by the other party to provide detailed information about their personal and financial situation. This requirement is typically mandated by the court or agreed upon by both parties as a way to ensure transparency and fairness in the proceedings.

How does one complete the FL-145 form?

Completing the FL-145 form involves answering a series of questions about personal history, finances, agreements, legal actions, and more. Each party must:

  1. Provide truthful responses under oath to each applicable interrogatory.
  2. Attach any requested documents as exhibits to their responses.
  3. Sign and date the form, affirming that the answers are true and correct under penalty of perjury.
Answers must be thorough, and any documents referred to in the responses should be clearly identified and attached if applicable.

What is the deadline for submitting FL-145 form answers?

The answers to the interrogatories present in the FL-145 form must be provided under oath within 30 days from the date of receipt, in accordance with Code of Civil Procedure section 2030.260. This timeframe ensures that the discovery process remains efficient and that both parties have access to the information necessary for their case in a timely manner.

Can a party object to any questions in the FL-145 form?

Yes, a party can object to specific questions in the FL-145 form if they believe an interrogatory is irrelevant, overly burdensome, or impinges upon their rights to privacy or privileges protected by law. When objecting, the party must clearly state the reason for their objection to each specific question. Despite the right to object, one must still provide all other information requested by the form that is not subject to objection.

What happens if someone refuses to fill out or inaccurately completes the FL-145 form?

If a party refuses to fill out the FL-145 form or provides false information, they may face legal repercussions, including sanctions, fines, or even adverse judgments in their case. The court relies on the accuracy and completeness of information provided in these forms to make fair and informed decisions regarding the matters at hand. Therefore, honesty and diligence in completing the form are paramount.

Common mistakes

When filling out the California FL-145 form, also known as Form Interrogatories–Family Law, it's crucial to avoid common mistakes to ensure accurate and complete information is provided. Here are eight common errors:

  1. Not answering under oath. Every response must be under oath, ensuring the information is accurate and truthful, as per Section 5 of the instructions.
  2. Failing to respond within 30 days. The instructions clearly state that answers must be provided within 30 days in accordance with Code of Civil Procedure section 2030.260.
  3. Incomplete responses. If you cannot fully answer an interrogatory, you must still provide as much information as possible, explain why the rest cannot be answered, and provide any information you have about the unanswered portion.
  4. Not asserting privileges. If applicable, privileges must be asserted when responding, as mentioned in the instructions to the answering party. Failing to do so could inadvertently waive those privileges.
  5. Omitting document attachments. If an interrogatory is answered by referring to a document, that document, unless stated otherwise, must be attached as an exhibit to the response.
  6. Forgetting to include full identification details when asked. When requested to identify a person, complete details including last known residence and business addresses, telephone numbers, and company affiliation must be provided, according to Section 5(f).
  7. Ignoring requests for financial detail. Detailed financial information, including income, assets, debts, and support, must be thoroughly disclosed in accordance with the numerous sections that require such disclosures.
  8. Not addressing separate property contentions adequately. If you contend that an asset or debt is separate property, detailed facts supporting your contention are required as per the interrogatory regarding separate property contentions.

Avoiding these mistakes can help streamline the legal process and ensure the accurate exchange of information required for your family law case.

Documents used along the form

When navigating a family law matter in California, particularly one involving the FL-145 Form, which covers Family Law Form Interrogatories, it's crucial to understand the accompanying documents often required to ensure a comprehensive approach to your case. The FL-145 Form assists in gathering necessary information from the other party, including personal history, agreements, legal actions, and financial details, among others. Recognizing and preparing the associated documents can streamline the process, supporting an efficient resolution to your family law issue.

  • FL-142 (Schedule of Assets and Debts): This form requires parties to list all assets and debts, helping provide a clear financial picture to the court and other party. It's significant for property division discussions.
  • FL-150 (Income and Expense Declaration): Essential for cases involving support, this form outlines an individual's income and expenses, offering insight into their financial standing and needs.
  • FL-140 (Declaration of Disclosure): This document, along with the attached Schedule of Assets and Debts (FL-142) and Income and Expense Declaration (FL-150), initiates the exchange of financial information, a mandatory process in divorce proceedings.
  • FL-160 (Property Declaration): Used when more detail is required for certain assets or debts than what is provided in FL-142, offering a comprehensive platform to describe assets and debts thoroughly.
  • FL-141 (Declaration Regarding Service of Declaration of Disclosure): This form certifies that the party has served the preliminary or final Declaration of Disclosure and current Income and Expense Declaration to the other party, ensuring transparency in financial disclosures.
  • FL-130 (Appearance, Stipulations, and Waivers): Filed when the respondent agrees to the divorce or legal separation and waives certain rights, such as the right to a trial or appeal, facilitating an uncontested proceeding.
  • FL-115 (Proof of Service of Summons): This document proves that the respondent has been legally notified of the divorce proceedings, a crucial step to move the case forward in court.
  • FL-311 (Child Custody and Visitation Application Attachment): For cases involving children, this form outlines the requesting party's wishes regarding custody and visitation, addressing the children’s best interests.
  • Used in scenarios where a party alleges that the other has violated a court order, requesting that the court enforce compliance through contempt proceedings.

Understanding and properly managing these forms are fundamental steps in addressing family law matters. Whether dealing with property division, child custody, spousal support, or other issues, these documents collectively aim to ensure fairness and clarity, guiding parties through the complexities of family law proceedings. With the right preparation and knowledge, individuals can navigate their legal journey more confidently, working towards a resolution that aligns with their goals and interests.

Similar forms

The California FL-145 Form, utilized in family law proceedings, bears similarity to various other legal documents across different legal fields in terms of structure, purpose, and content. One such document is the FL-142, Schedule of Assets and Debts. Both are foundational in family law cases for capturing detailed information about the parties involved. The FL-142 specifically requires detailed disclosure of assets and debts, akin to the FL-145's demand for financial and personal information, underscoring the importance of full disclosure in family law proceedings.

Another comparable document is the Form Interrogatories - General (DISC-001) used outside of family law, in civil litigation. Like the FL-145, DISC-001 is designed to elicit detailed information from one party to another, covering aspects similar to those in family law but within a broader civil context. These documents share the goal of facilitating the discovery process by standardizing the questions asked, saving time and reducing legal costs.

The FL-150, Income and Expense Declaration, shares its purpose with sections of the FL-145 that deal with financial disclosures. Both require parties in family law cases to provide detailed accounts of their income, expenses, assets, and liabilities. The specificity and depth of financial disclosure help ensure fair and equitable settlements in matters of support and asset division.

Form FL-160, Property Declaration, also used in family law, parallels the FL-145's aims by requiring the listing of assets and debts, though with a focus on categorizing these as community or separate property. It complements the FL-145 by providing a more detailed framework for the disclosure of property specifics, which is critical in divorce proceedings.

The Employment and Earnings Declaration (form FL-435) in the sphere of child support enforcement is another similar document. Like portions of the FL-145, it gathers detailed information on a party's employment and income to aid in the determination of child support obligations, stressing the importance of accurate financial information in family law.

The Preliminary Declaration of Disclosure (FL-140), which must be exchanged by divorcing spouses, shares similarities with the FL-145 by mandating the exchange of financial information at the outset of the divorce process. Both forms emphasize transparency and fairness, providing a comprehensive picture of each party's financial situation.

In the arena of legal discovery outside of family law, the Request for Production of Documents (RPD) mirrors the FL-145's function by requiring one party to furnish documents relevant to the dispute to the other. While the RPD is more generalized and can cover a broader range of document types, both forms serve to gather evidence by disclosing pertinent information.

The Child Custody and Visitation Application Attachment (FL-311), while more focused on child custody specifics than the broader FL-145, shares the aim of detailing personal circumstances that affect legal determinations. Both forms collect critical information that influences court decisions regarding family arrangements.

The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105), like parts of the FL-145, addresses aspects related to children in family law cases. It specifically focuses on jurisdictional issues in custody cases, but both documents ultimately serve the welfare of children involved in legal disputes by providing courts with necessary background information.

Lastly, the Court's Standard Restraining Orders, often attached to the summons in family law cases, while not an interrogatory form like FL-140, emphasizes the significance of legal directives in safeguarding parties and their assets during litigation. The FL-145 complements this by ensuring that a comprehensive exchange of information occurs, enabling informed legal decisions and adherence to such restraining orders.

Dos and Don'ts

When dealing with the California FL-145 Form, understanding what to do and what not to do can simplify the process and ensure your submission is accurate and compliant. Below are key considerations:

  • Do answer all questions truthfully and to the best of your ability. Providing accurate and honest responses is crucial.
  • Do review definitions in Sec. 2 carefully. Understanding these terms can help you provide accurate information and avoid misunderstandings.
  • Do attach all relevant documents as instructed. If a question refers to a document, be sure to attach it unless you have a valid reason not to, which should be clearly explained.
  • Don't ignore the 30-day deadline. You must submit your answers under oath within this timeframe to adhere to the Code of Civil Procedure section 2030.260.
  • Don't leave questions unanswered without explanation. If you cannot provide a complete answer, explain as much as you can and state why you cannot answer the rest.
  • Don't forget to review and clear the form before submission for your privacy. The form includes a reminder to press the "Clear This Form" button once you have printed and are ready to submit it to keep your information secure.

It's important to approach the FL-145 Form with care and diligence. Attention to detail and adherence to instructions can aid in a smoother legal process, ensuring that your rights and privacy are protected.

Misconceptions

The California FL-145 form, or Form Interrogatories–Family Law, is pivotal in divorce or separation cases, yet it often falls prey to misunderstandings. Here are eight common misconceptions about the FL-145 form explained:

  • It's optional to fill out: While it may seem that filling out the FL-145 form is up to personal discretion, once it has been served by the other party, responding is actually mandatory under California law. This form facilitates the exchange of crucial information in family law cases.
  • Only financial information needs to be disclosed: Aside from financial details, the FL-145 form covers a wide range of topics, including personal history, agreements made during the marriage, legal actions, and more. Each serves the purpose of providing a comprehensive view of situations that could affect the case.
  • All questions must be answered fully no matter what: If a respondent cannot provide a full answer to an interrogatory, partial answers are permissible. The form allows respondents to explain why complete information is unavailable and to share any partial information they have.
  • There’s no need to answer under oath: Answers to the FL-145 must be given under oath. This means the responding party is affirming that the answers are true to the best of their knowledge, which helps ensure the integrity and reliability of the information provided.
  • Attaching documents is optional: If a question can be answered with a document, that document must be attached unless there's a valid reason it cannot be. This requirement ensures that evidence is presented clearly and can be easily referenced by both parties and the court.
  • Responses can be delayed without consequences: Answers to the interrogatories must be provided within 30 days to comply with the Code of Civil Procedure section 2030.260. Delays can lead to legal penalties and may negatively impact the responding party's case.
  • It’s only about past and current financial situations: The form also inquires about future financial expectations, such as potential legal actions or changes in income. This forward-looking information can be just as crucial for the resolution of the case as historical data.
  • Support questions refer only to children: While questions about child support are included, the form also asks about support provided to or received from others. This could include elderly relatives, ex-spouses, or anyone else to whom the respondent has provided financial support.

Understanding these misconceptions about the FL-145 form is vital for anyone going through a family law case in California. Proper completion and comprehension of the form not only ensure compliance with the legal process but can significantly impact the outcome of the case.

Key takeaways

The California FL-145 form, also known as Form Interrogatories–Family Law, is a critical document used in family law proceedings in California. Its design facilitates the exchange of essential information between parties involved in family law cases, such as divorce or custody disputes, without incurring unreasonable expenses. Here are seven key takeaways to understand when filling out and utilizing this form:

  • The privacy caution at the end of the form is noteworthy; parties are encouraged to press the "Clear This Form" button after printing to protect their entered information from being seen by others.
  • When completing the FL-145 form, it is mandatory for the answering party to provide responses under oath within 30 days, as stipulated under the Code of Civil Procedure section 2030.260. This underscores the importance of timeliness and truthfulness in the process.
  • All information provided in the responses must include everything the party has or can reasonably find out, excluding privileged information. If certain details are unknown, this must be clearly stated, along with any available information about the unknown elements.
  • Answers can reference documents, which must then be attached as exhibits to the response. If attaching a document is not possible, a detailed description of the document, including its nature and date, must be provided instead.
  • Specific instructions and definitions are included to ensure clarity. For instance, terms such as "person," "document," "asset or property," and "debt" have clear definitions to guide the answering party in providing their responses.
  • The form contains a section on oaths, where the answering party must declare under penalty of perjury that their answers are true and correct. This section emphasizes the legal seriousness and integrity required in completing the form.
  • Varied types of inquiries are covered in the form, including personal history, agreements between parties, legal actions, support provided to or received from others, income details, property valuations, and health-related questions. This wide range ensures a comprehensive collection of information relevant to the family law proceedings.

Overall, the careful completion of the FL-145 form plays a pivotal role in the smooth and fair conduct of family law cases in California, making it crucial for parties to understand and adhere to its requirements and deadlines.

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