Form FL-150 is one of the most used and most important family law forms in California. The FL-150 is an Income and Expense Declaration. It is used anytime you are asking for financial orders, including spousal support, child support, attorney fees, sanctions, and more. It is required when you serve your required Preliminary and Final Declarations of Disclosure on the other party. Preliminaries are required to be served within 60 days after the divorce is filed, and the Final Declarations of Disclosure must be filed later in the process, just before trial.
Also, as long as child or spousal support, or other financial orders are still in place, you have the right to send a request to the other party to fill out an Income and Expense Declaration one once per year, even after your divorce is filed, to make sure whether the other side has had an increase or decrease in income which may affect support orders. Specifically, the income and expense declaration needs to be taken very, very seriously. This is the most scrutinized and cross-examined form that we use. Also, this form is signed under penalty of perjury. If you state your income is $20/hour, when it is $25/hour, you will likely get in trouble if this information comes out in court.
There are questions on the form about expenses (page 3) such as mortgage/rent payment, property taxes, food, child care, health care, restaurant bills, auto care, etc. … Obviously no one knows all their expenses to the penny. However, you will need to give your “best estimate.” You will notice on item 13 three boxes which ask whether the expenses are estimated, actual, and/or proposed needs. I suggest you select estimated simply because your expenses are likely to change month-by-month, and that way, you can’t be held responsible for writing in a very specific number.
If you are asking for child support and spousal support because you intend to move out and get your own home or apartment, you will want to mark both estimated and proposed needs. Proposed needs are for expenses you do not currently have but expect to have after you move to a new location.
Again keep in mind it is a very serious form, and you will be signing this form under penalty of perjury. If you have any specific questions, feel free to call us here at Pinkham & Associates, a Family Law Firm in Orange County for a free initial consultation.
— Doug Pinkham, Senior Attorney at Pinkham & Associates, a dedicated family law firm in Orange County.