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LAW 108 - FAMILY LAW PROJECT #3 This Project is a companion to Project #2. After filing our initial Petition and the remainder of the documents from Project #2 and having them served on the...

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LAW 108 - FAMILY LAW
PROJECT #3
This Project is a companion to Project #2. After filing our initial Petition and the remainder of
the documents from Project #2 and having them served on the respondent, our client and the
espondent cannot come to a settled agreement concerning child custody and visitation, he wants
to visit whenever he feels like it. The respondent has also started to drink heavily and even
threatened our client to the point that she had to get a restraining order from the court.
There is now a need for temporary orders while the dissolution matter is proceeding and
therefore our client, Mrs. Smith should be assisted with a Request for Order (RFO) to obtain
temporary orders from the court.
This project requires that you complete Request for Order documents and have them ready to
e filed with the court by April 6, 2022.
Our client has written out the attached summary of some of the things that have gone on since
she was last in our office and given us more information on what the parental responsibilities
were between she and Mr. Smith prior to their separation. Use this information to prepare the
declaration to accompany the RFO that you will be preparing for our client . Additionally, our
client, Mrs. Smith has been forced to take 2 furlough days a week resulting in a reduction of
$600 in her monthly income, while Mr. Smith, the respondent, has received a promotion and his
income has increased to $8,000.00 per month, so we need to prepare and file new Income and
Expense Declarations. Also, we should include a request for temporary spousal support for our
client, especially in light of her lost income. Since we haven’t run a dissomaster for this case
yet, ask for “guideline” child support and spousal support. It is important that temporary orders
e established by the court while this matter is pending, please get on these RFO documents right
away.
Just a reminder, the Los Angeles Superior Court Case No. For Ms. Smith’s case is VD 012345,
you should prepare:

1. REQUEST FOR ORDER FL-300 with client’s declaration prepared for client’s
signature. (20 points)
XXXXXXXXXXCHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT FL-311 and
ADDITIONAL PROVISIONS-PHYSICAL CUSTODY ATTACHMENT FL-341(D)
XXXXXXXXXXpoints)
Note: Please place short factual summaries in paragraphs 2.c., 3.d. and 4.c. But, also
prepare a separate declaration of our client to be attached to the RFO as Attachment 10.
XXXXXXXXXXUse attachments in Lawyah, pleading paper or regular blank paper) Be sure to incorporate the
Reifler and Stevenot language in the first paragraph of Mrs. Smith’s declaration (even though this
language is probably not required any longer after the Elkins changes.) See Sample Declaration
on reverse of this page.
2. INCOME AND EXPENSE DECLARATION FL-150 (New) (10 points)

XXXXXXXXXXTOTAL POINTS for this project is 45 points.

LAW 108 - CALIFORNIA FAMILY LAW
FACT SHEET FOR FAMILY LAW PROJECTS
You are employed with the Ce
itos College Law Clinic, 11110 Alondra Boulevard, Norwalk,
California, XXXXXXXXXX1212
Mrs. Jennifer Smith has come to see us for a dissolution of ma
iage action. After listening to
her explain the situation, and you providing her with some advice and counsel, she has decided
to proceed with a dissolution action.
For Project #2. - Using the information provided by our client during the interview and
contained in the client questionnaire that we completed during the interview, please prepare Mrs.
Smith’s initial dissolution pleadings. Please prepare the following documents:
1. Summons (Family Law) FL XXXXXXXXXXpoints)
2. Petition-Ma
iage (Family Law) FL XXXXXXXXXXpoints)
3. Declaration of Disclosure (Family Law) FL XXXXXXXXXXpoints)
4. Schedule of Assets and Debts (Family Law) FL XXXXXXXXXXpoints)
5. Income and Expense Declaration (Family Law) FL XXXXXXXXXXpoints)
6. Separate Property Declaration (Family Law) FL XXXXXXXXXXpoints)
7. Community Property Declaration (Family Law) FL XXXXXXXXXXpoints)
8. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
(UCCJEA) FL XXXXXXXXXXpoints)
9. Family Case Cover Sheet-Certificate of Grounds For Assignment to District LA-F020
(5 points)
Total Points available: 70 points
Note: When preparing the Schedule of Assets and Debts FL-142, if there are no assets or debts
mentioned by our client please type in the word “NONE” under the category of the form where
our client says no property exist.
In order to prepare these forms, please use Lawyaw, a judicial counsel document preparation
program available on the computers in our paralegal lab or online.
Please have the forms completed and ready to file on Wednesday, March 2, 2022


Client Interview Checklist
Dissolution Information Questionnaire

A. Personal Information

1. Client’s Name: Jennifer A. Smith
Present Address: 11834 E. Firestone Boulevard
XXXXXXXXXXNorwalk, CA 90650
Telephone: Home: XXXXXXXXXX Cell: XXXXXXXXXX
Date of Birth: April 21, 1975
Driver’s License Number: CL 651199
Social Security Number : XXXXXXXXXX
2. Spouse’s Name: Michael S. Smith
Present Address: 725 W. Rosecrans Boulevard
XXXXXXXXXXCompton, CA 90220
Telephone: Home: XXXXXXXXXX XXXXXXXXXXCell: XXXXXXXXXX
Date of Birth: Fe
uary 5, 1974
Driver’s License Number: CL0763328
Social Security Number: XXXXXXXXXX
3. How many years or months have you lived in the State of California? XXXXXXXXXXyears
How many years or months have you lived in Los Angeles County? XXXXXXXXXXyears
4. Date of Ma
iage: June 4, 2001
5. Date of Separation: July 4, 2021
6. Do you and your spouse have children together who are not yet 18 years old? Yes
Children of the Ma
iage:
Name XXXXXXXXXXDate of Birth XXXXXXXXXXSex XXXXXXXXXXPlace of Birth
Robert F. Smith October 17, XXXXXXXXXXMale XXXXXXXXXXLos Angeles, CA
Maria G. Smith January 13, 2 XXXXXXXXXXFemale XXXXXXXXXXLos Angeles, CA
7. Who do the children live with right now? XXXXXXXXXXMe
8. Have the children lived with any person other than you, or you and your spouse, during the
last five years? No
9. Where have the children lived for the last five years?
XXXXXXXXXXW. Rosecrans Avenue, Compton, California, XXXXXXXXXX/01/2015 to 7/4/2020
XXXXXXXXXXE. Firestone Boulevard, Norwalk, California XXXXXXXXXX/4/2020 to Present
10. Are there any other past and/or pending legal actions between you and your spouse? No
If Yes, please list them by case number and court location:
______________________________________________________________________
______________________________________________________________________
11. Have there any other past and/or pending child custody actions between you and your
spouse? XXXXXXXXXXNo
If Yes, please list them by case number and court location:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
12. Do you want to change your “legal” name back to your maiden or former ma
ied name?
XXXXXXXXXXYes, maiden name Jennifer Jones
13. Are you presently employed: Yes
XXXXXXXXXXEmployer: Downey Unified School District
law-108-project-3-spring-2022-vefqljdp-dvxxjuhf.pdf law-108-project-2-spring-2022-svlapg31-1mfnux3v.pdf law-0ob4riab-lnxlvaey.docx downloadsmain-00zyt4ad-dgkd0rhz.zip law-108-client-letter-for-project-3-spring-2022-2cdepc1v-lif5p045.pdf
Answered 14 days After Mar 16, 2022

Solution

Bhavani answered on Mar 30 2022
112 Votes
FL-300 Request for Orde
WARNING to the person served with the Request for Order: The court may make the requested orders without you if you do
not file a Responsive Declaration to Request for Order (form FL-320), serve a copy on the other parties at least nine court days
efore the hearing (unless the court has ordered a shorter period of time), and appear at the hearing. (See form FL-320-INFO for
more information.)
Form Adopted for Mandatory Use
Judicial Council of California
FL-300 [Rev. July 1, 2016]
7.
JUDICIAL OFFICER
COURT ORDER
(FOR COURT USE ONLY)
6.
A COURT HEARING WILL BE HELD AS FOLLOWS:
Time:Date:
Address of court (specify):
Page 1 of 4
REQUEST FOR ORDER Family Code, §§ 2045, 2107, 6224, 6226, 6320–6326, 6380–6383;
Government Code, § 26826
Cal. Rules of Court, rule 5.92
www.courts.ca.gov
8.
2.
(date):
(date):
TEMPORARY EMERGENCY ORDERSREQUEST FOR ORDER CHANGE
Domestic Violence OrderChild Support
Child Custody
Attorney's Fees and Costs
Visitation (Parenting Time) Spousal or Partner Support
Property Control Other (specify):
FOR COURT USE ONLYFOR COURT USE ONLY
TELEPHONE NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
FAX NO.:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NUMBER:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
PETITIONER:
RESPONDENT:
OTHER PARENT/PARTY:
CASE NUMBER:
FL-300
1.
a.
. same as noted above
Dept.: Room.:
other
4.
A Responsive Declaration to Request for Order (form FL-320) must be served on or before
Time for service until the hearing is shortened. Service must be on or before
The parties must attend an appointment for child custody mediation or child custody recommending counseling as follows
(specify date, time, and location):
Other (specify):
Date:
It is ordered that:
The orders in Temporary Emergency (Ex Parte) Orders (form FL-305) apply to this proceeding and must be personally
served with all documents filed with this Request for Order.
(Forms FL-300-INFO and DV-400-INFO provide information about completing this form.)
NOTICE OF HEARING
3.
5.
Other Parent/PartyRespondentPetitione
TO (name(s)):
PARTY WITHOUT ATTORNEY OR ATTORNEY
Other (specify):
The visitation (parenting time) order was filed on
The order for legal or physical custody was filed on
(date):(2)
. The court ordered (specify):
. The court ordered (specify):
(1) (date):
Attachment 2d.
visitation (parenting time).child custodyThis is a change from the cu
ent order fo
The orders that I request are in the best interest of the children because (specify):
Attachment 2a.
a.
Form FL-311 Form FL-312
Form FL-341(D)
Form FL-341(C)
Form FL-341(E)
Form FL-305
(specify):Other
(2) As follows (specify):
Specified in the attached forms:(1)
Attachment 2b.
visitation (parenting time) are:child custodyThe orders I request fo
.
Child's Name Date of Birth
Legal Custody to (person who
decides: health, education, etc):
Physical Custody to (person
with whom child lives):
I request that the court make orders about the following children (specify):
c. Attachment 2c.
d.
REQUEST FOR ORDER
FL-300
Page 2 of 4FL-300 [Rev. July 1, 2016] REQUEST FOR ORDER
CASE NUMBER:PETITIONER:
RESPONDENT:
OTHER PARENT/PARTY:
2. CHILD CUSTODY
VISITATION (PARENTING TIME)
I request temporary emergency orders
The orders are from the following court or courts (specify county and state):
(specify):
(specify):
(specify):
(specify):
Case No. (if known):
Case No. (if known):
Case No. (if known):
Case No. (if known):
Petitioner Respondent Other Parent/Party (Attach a copy of the orders if you have one.)
a.
.
c.
d.
Criminal: County/state
Family: County/state
Juvenile: County/state
Other: County/state
One or more domestic violence restraining/protective orders are now in effect between (specify):
1.
Note: Place a mark in front of the box that applies to your case or to your request. If you need more space, mark the box for
“Attachment.” For example, mark “Attachment 2a” to indicate that the list of children's names and birth dates continues on a paper
attached to this form. Then, on a sheet of paper, list each attachment number followed by your request. At the top of the paper, write
your name, case number, and “FL-300” as a title. (You may use Attached Declaration (form MC-031) for this purpose.)
X
RESTRAINING ORDER INFORMATION
http:
www.courts.ca.gov/documents/mc031.pdf
http:
www.courts.ca.gov/documents/mc031.pdf
http:
www.courts.ca.gov/documents/fl311.pdf
http:
www.courts.ca.gov/documents/fl312.pdf
http:
www.courts.ca.gov/documents/fl341d.pdf
http:
www.courts.ca.gov/documents/fl341c.pdf
http:
www.courts.ca.gov/documents/fl341e.pdf
http:
www.courts.ca.gov/documents/fl305.pdf
http:
www.courts.ca.gov/documents/mc031.pdf
http:
www.courts.ca.gov/documents/mc031.pdf
http:
www.courts.ca.gov/documents/mc031.pdf
FL-300 [Rev. July 1, 2016] Page 3 of 4REQUEST FOR ORDER
4.
a. $Amount requested (monthly):
The court should should make, change, or end the support orders because (specify):
I have completed and filed a cu
ent Income and Expense Declaration (form FL-150) in support of my request.d.
e.
(date):end the cu
ent support order filed onchange b. I want the court to
Attachment 4e.
The court ordered $
c. This request is to modify (change) spousal or partner support after entry of a judgment.
I have completed and attached Spousal or Partner Support Declaration Attachment (form FL-157) or a declaration
that addresses the same factors covered in form FL-157.
(Note: An Earnings Assignment Order For Spousal or Partner Support (form FL-435) may be issued.)
per month for support.
I have completed and filed with this Request for Order a cu
ent Income and Expense Declaration (form FL-150) or I filed
a cu
ent Financial Statement (Simplified) (form FL-155) because I meet the requirements to file form FL-155.
c.
(date):I want to change a cu
ent court order for child support...
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