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) PetitionerÕs Trial Brief 714-555-5555In Pro Per ) Case California 16Petitioner,55555the State ofNo. Anyre theCourt_____________________________, appearing in propria persona, respe of TRIAL Children: ________________________, marriage, years and List all 28 27 4 26 Length 24 Date BRIEF INFORMATION 23 STATISTICAL Trial 22 of Separation: 211 PETITIONERÕS I.years,Marriage: List exact date born _______________.months, for example submits hismonths.Brief: length ofofof separation, day month and year. ctfullyof4Marriage: List exact datemarriage in day month and year. children
of 28 27 26 24 23 22 21 19 18 17 16 14 13 12 11 9 8 7 6 4 3 2 1 this marriage, or relationship along with their date of birth. If no children On A. ____________________________ both parties stipulated to Joint Legal and Joint CUSTODYthere II.HISTORY: are no children. VISITATION state AND Physical Custody of the minor children, with Primary Physical Custody to the Res visitation pondent andas specified in the stipulation. A copy of the Order signed by Judge Be Petitioner Thesure ______________ is add detail Custody to B. CONTENTIONS: and filed onto modify this and the Current Exhibit and your particular situation. Li _______________agrees with attached asaccordingÒAÓ.Visitation orders. current st the custody and visitation orders, and then put down what changes you want, On A. _______________ the Court issued an order CHILD SUPPORT III.just use NOTHISTORY: if any. Do the wording in this paragraph. for the Petitioner to pay the sum o $__________________per month for child support, payable one-half on the first an f fifteenth on the d one-halfof each month commencing ___________. A copy of the Order on Order to TRIALCause B.2ISSUES: Exhibit ÒBÓ. attached asis ShowPETITIONERÕS BRIEF
Conference Page 3 the Court would not impute income to based upon a Chambers As 28 27 26 24 23 22 21 19 18 17 16 14 13 12 11 9 8 7 6 4 3 2 1 shown onin whichof Exhibit ÒBÓ the support orders werethe Respondent. However indicated that the Respondent should be gainfully employed within 90 days. The R , the Court Petitioner contends that the child C. CONTENTIONS: failed to seek espondent has gainful employment. support order should be modified for the foll 1. The percentage of visitation time that the Petitioner has with the children h owing reasons: increased from 10% to over 30% since the last Custody and Visitation order was i as 2. Since __________________________. ssued on the Respondent is not gainfully employed and, as far as Petitioner know has s, not sought any gainful employment, the Court should impute income to the Res Respondent has pondent. The worked at several jobs before, including Customer Service at ____ and also at Party Plan Sales for _________________ in fact the Respondent was so ____________, Plan Sales that she was, at one time, ranked __________ in the nation in total s good at Party one and won 2 and a alesto Hawaii, trips,Caribbean Cruise. She netted approximately $1,000.00 per mo sales. And this was nth at party plan back in 1990. Petitioner contends that the Respondent is cap $10.00 earning able ofper hour and requests that the Court impute an income of $10.00 per hour modify the child support order accordingly. The Petitioner should not have to co to Respondent, and Petitioner requests child to pay just the Court Respondent following Points and Authorities rega ntinuesupport more because theconsider thewillingly chooses not to work. matter. Ò rding thisDetermination of order for child support may properly rest on fluctuatio to pay when the opportunity and ability to work are present, but not the willing ns of need, or ability TRIAL In re - 3 PETITIONERÕS ness.ÓBRIEF Marriage
of 28 27 26 24 23 22 21 19 18 17 16 14 13 12 11 9 8 7 6 4 3 2 1 Kepley (1987) 193 Cal. App.3d 946, 951, In re Marriage of Llas (1993) 12 Cal. 1638-39. 1630, mother of a minor child have an equal responsibility to support t ÒThe father and App. 4th the child suitable to the childÕs circumstances.Ó Family Code ¤ 3900. ÒA support order heirmanner in modified may be at any time as the Court determines to be necessary.Ó Family Code ¤ 3651 (a Be ). sure to modify this and add detail according to your particular situation. Li current st the child support order and then put down what changes you want, if any. Do On A. the SPOUSAL SUPPORT IV. justwording in the Court issued use________________this paragraph. an order for the Petitioner to pay the sum NOTHISTORY: $____________ per month for child support, payable one-half on the first and one of fifteenth of -half on the each month commencing _______________. A copy of the Order on Order Conference As shown on Page B. ISSUES: in whichofExhibit ÒBÓ not impute income to based upon a Chambers Cause is attached3asthe CourtÒBÓ. the support orders werethe Respondent. However to Show Exhibit would indicated that the Respondent should be gainfully employed within 90 days. The R , the Court Petitioner contends that the spousal C. CONTENTIONS: failed to seek espondent has gainful employment. support order should be modified for the fo TRIAL BRIEF - 4 PETITIONERÕS reasons: llowing
1. 28 27 26 24 23 22 21 19 18 17 16 14 13 12 11 9 8 7 6 4 3 2 1 The Court also ordered that the Petitioner shall pay, as and for additional s 25% of upport any gross commission, bonuses, etc, received. The Petitioner requests tha that Court order t thesaid additional support shall be considered spousal support so that Petitio 2. may the said amounts as a Respondent is not gainfully State income as returns. nerSinceclaimdeduction on his Federal andemployed and, taxfar as Petitioner know has s, not sought any gainful employment, the Court should impute income to the Res Respondent has pondent. The worked at several jobs before, including Customer Service at ____ also at Party Plan ___________, and Sales for ________________, in fact the Respondent was so goo Sales that she d at Party Planwas, at one time, ranked __________ in the nation in total sales Hawaii, and a Caribbean and won 2 trips, one to Cruise. She netted approximately $1,000.00 per month at And this was back party plan sales. in 1990. Petitioner contends that the Respondent is capable of hour and $10.00 per earning requests that the Court impute an income of $10.00 per hour to Responde spousal support order accordingly. The Petitioner should not have to continue to nt, and modify the Further, the Petitioner Respondent willingly chooses not to work. support just because therequests that the Court only retain jurisdiction over th pay more spousal support until _________________________, which is a period of four years, four m e issue of spousal Be sure of is one-halfto modify this and add detail according to your particular situation. Li onths, whichthe length of the marriage. current st the spousal support order and then put down what changes you want, if any. D TRIAL BRIEF A. PETITIONERÕS DIVISION OF V.5 the wording in this paragraph. useHISTORY: o NOT just PROPERTY
On 28 27 26 24 23 22 21 19 18 17 16 14 13 12 11 9 8 7 6 4 3 2 1 ___________________ the Court made Orders regarding the division of property Petitioner agrees B: debts. A copy of with the orders made on ____________________ regarding divisio andCONTENTIONS: the Judgment is attached as Exhibit ÒCÓ. Be sure and debts. propertyto modify this and add detail according to your particular situation. Li n of current st the property division order and then put down what changes you want, if any. has no order regarding the division of property then list how you want the prop If been made On A. _________________ the Court made an Order that the Petitioner shall pay direc ATTORNEY FEES VI.HISTORY: Do NOT just use erty divided. the wording in this paragraph. RespondentÕs attorney, as an advance for PetitionerÕs contribution to RespondentÕs att tly to sum of $____________ payable at the rate of $_______________per month commencing orney fees, the _______________ and continuing on the first of each month until paid in full. Se Whether or B. ISSUES: attached. not e Exhibit ÒAÓ the Respondent should have to pay any more of the RespondentÕs atto Respondent contends that this case has been allowed to drag on far too long beca C. CONTENTIONS: fees. rney actions of use of the Respondent, and her attorney. On __________________ a Child Custody m TRIAL BRIEF - 6 PETITIONERÕS ediation
appointment was set, the Respondent refused to attend the meeting. There was a M 28 27 26 24 23 22 21 19 18 17 16 14 13 12 11 9 8 7 6 4 3 2 1 Settlement andatory Conference scheduled on ______________ which the Respondent refused t ______________________ the trial that was scheduled was continued because the Re o attend. On Respondent attorney had a schedule conflict. spondentÕs feels that due to this case being allowed to drag on that he should n Be more anysure ofmodify this and add detail according to your particular situation. Li ot have to pay RespondentÕs attorney fees. the current st the attorney order and then put down what changes you want, if any. If no or made regarding der has been attorney fees then list what order you want. Do NOT just use the Petitioner A: MEDICAL is OTHER VII. ISSUES currently paying for medical insurance coverage for the Respondent this paragraph. wording in INSURANCE COVERAGE FOR RESPONDENT: requests that . Petitioner the Court order that the Petitioner no longer have to pay for medi Petitioner is currently B: the INSURANCE COVERAGE FOR for auto insurance coverage for the Respondent. H for insurance coverage paying RESPONDENT: calAUTO Respondent. Petitioner owever the has been notified by his insurance company that they will no longer p the Respondent for rovide coverageeffective ___________________ because she no longer resides in hi copy of the A s household.letter is attached as Exhibit ÒDÓ. Petitioner requests that the Court or Petitioner no der that the longer have to pay for auto insurance coverage for the Respondent. TRIAL BRIEF - 7 PETITIONERÕS
Be 28 27 26 24 23 22 21 19 18 17 16 14 13 12 11 9 8 7 6 4 3 2 1 sure to modify this and add detail according to your particular situation. Li current st the orders regarding medical and auto insurance and then put down what chang want, es youif any. If no order has been made regarding insurance then list what order Iyou want.under wording in this paragraph. NOT just use thepenalty of perjury under the laws of the State of California tha declare Do TRIAL and Settlement require This BRIEF the Incomeattorney Many Trial Conference brief. documents, Brieftrial Trial modified to CourtsExpensemustdate. you Property daysPETITIONERÕSgeneral rule the should use as a or filed,foregoingprior also Brief with Court before owndeterminecorrect. to soonCheck date.Court clerk to and theirbeforeif any theBrief file a be to be needs and at Trial Noterules aswhencanyou theshouldshouldBrief Court other local their ________________________, betrialTrialtheProfiled MandatoryotherDate. __________________________________________Trialtheand Judge hasrules Dated:____________________filed with InservePerDate. whatleast twenty (20) is8truebutregardingDeclaration beforetheEachonand filetheserved and t thethat thisaTrialhowbe Petitioner,servedDeclarationbe party, or and to
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