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genkiman
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What does Completed Income and Expense form Mean?
      #189642 - 01/21/07 07:58 AM

I have been served CA divorce papers. On the form FL-300 (ORDER TO SHOW CASUE?) there is a section 3 that says:

3. The court further orders that a completed Application for Order and Supporting Declaration, A blank Responsive declaration, and the following documents be served with this order:

a.(1) X Completed Income Expense and Declaration (Form Fl-150) and a blank Income Expense and Declaration

My question is that as I read this, it says to me that I should have been served a Completed Income Expense and Declaration along with a blank one, correct?

The completed one should be her's and the blank one is for me, correct?

I did not receive her Completed Income Expense and Declaration and know that she had not filled this out before she filed.

What affect does that have on the filing and the service? Can I force her to refile? and/or to reserve me? I am living out of the country and that will be very hard for her to do and greatly to my advantage.

or am I interpretting what this says incorrectly?

I am trying to stop this so I can get her to come to her sense and work on the marriage in some more constructive sense then just divorce.

Thanks in advance...


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almostheaven
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Re: What does Completed Income and Expense form Mean? [Re: genkiman]
      #189646 - 01/21/07 09:06 AM

I don't know what it means, sounds to me like you described it. However, you can't "stop" it. You can only prolong it and make it cost more. I don't think she'd need to "refile" either, probably just needs to provide you with whatever documentation you're supposed to receive before she can proceed. It's going to be extremely difficult to save your marriage long distance. If there's any way at all you can get home for a visit, that's about your only chance.

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Char Fox


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Gecko
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Re: What does Completed Income and Expense form Mean? [Re: genkiman]
      #189696 - 01/21/07 12:14 PM

My question is that as I read this, it says to me that I should have been served a Completed Income Expense and Declaration along with a blank one, correct?

---> This is correct.

What affect does that have on the filing and the service? Can I force her to refile? and/or to reserve me? I am living out of the country and that will be very hard for her to do and greatly to my advantage.

---> From a legal standpoint, service is incomplete so yes, you can force her to reserve you or drop the issue. Unless you know how to do this, I suggest you have an attorney handle it for you.

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genkiman
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Re: What does Completed Income and Expense form Mean? [Re: Gecko]
      #189903 - 01/21/07 06:20 PM

Thanks Char and Gecko. I have chosen in attorney to use just now and asked him to handle this.

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Melody
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It means.... [Re: genkiman]
      #189956 - 01/21/07 08:22 PM

an Income and Expense Declaration form...that has been fully completed (filled out). CA requires that all OSCs include an updated I&E. That means if YOU are filing the OSC, you will include YOUR completed I&E along with a blank one to be served upon the other party with the OSC and your I&E.

You've interepreted it correctly, I believe. But I don't think that it allows you to dismiss the OSC. You would still need to do yours....and have your attorney ask her attorney where hers is.

BTW....you can't stop a divorce if she wants it. Frustrating her efforts may serve only to piss her off more and not encourage a reconciliation.


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genkiman
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My Purpose Right Now Is Not to Stop the Divorce [Re: Melody]
      #190040 - 01/22/07 05:09 AM

The reason I want to force her to file and ask that the OSC be dismissed is to protect my assets. My wife earned lots of money illegally and has squirrelled away almost $1 milion. Meanwhile, she refused to ever contribute anything to the marriage. I paid for everything. Now she is having an affair, filed for divorce and wants half of our assets for which she never contributed any part of those assets. If I can dismiss the OSC I will go protect those assets so she cannot take them. But with the OSC open I can't do that.

As crazy as it sounds I still want to reconcile with her, and this could also be a way to convince her that what she is doing is wrong and will not work.


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Melody
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The state of CA [Re: genkiman]
      #190075 - 01/22/07 09:47 AM

is community property...so regardless of actual contribution....without a prenuptual agreement, it's likely that the courts will view ANY income earned by EITHER of you during the marriage to be subject to equitable distribution. Only that which was earned PRIOR to the marriage or protected by the terms of a prenup would be secure....so half of that million is yours, ya know.

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Gecko
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Re: My Purpose Right Now Is Not to Stop the Divorce [Re: genkiman]
      #190086 - 01/22/07 10:32 AM

My wife earned lots of money illegally and has squirrelled away almost $1 milion.

---> And it is subject to marital distribution.

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