GUIDE TO LAW OFFICE

PROCEDURES MANUAL

FAMILY LAW

CHAPTER H

FACTS OF THE CASE

Susie Q. Gadabout v. Tom H. Gadabout

Santa Clara Superior Case No. 12345

Susie Q. Gadabout and Tom H. Gadabout have three children, Tom H. Gadabout, Jr., age 9, born on July 1, 1994, Susanne Lee Gadabout, age 7, born on September 28, 1996, and Jonathan Lee Gadabout, age 5, born on January 3, 1999.  Two children attend Executor School, at a total monthly cost of $2,200.

Susie started working in June 2002 at the Bank of Canton located at 400 Montgomery Street, San Francisco, where she currently earns $3,500.00 per month gross salary as a secretary.  She claims married 4 on her withholdings and her social security number is 555-65-5555.  She is a graduate of Santa Clara University with a Bachelor of Arts degree in Art History.

Susie currently has $100.00 in cash and approximately $200.00 in her savings account at Bank of America.  In addition, she is presently residing in the family home located at 10411 Merry Lane, San Jose, California 95113.  Susie’s telephone at home is 408.885.2387.  Tom has left the family home and is how residing with his friend, Helga Hands, who works part-time as a body manipulator and has a reported gross income of $1,000.00 per month.

Susie and Tom own a rental property located at 1765 Guerrero Avenue in San Francisco.  Tom is receiving a gross rent of $2,650.00 per month and a net rent of $650.00 per month.  Tom collects the rent and pays the bills on their rental property.  Susie is currently paying the mortgage on the family home where she now exclusively occupies with the three children.  The mortgage is $1,000.00 per month and the yearly taxes are $4,500.00.  

Susie’s mother, Judy Glad, is 68 years old and earns $900.00 per month gross salary from her social security benefits.  Mrs. Glad is currently living with Susie although she does not contribute to the household expenses.  Susie has numerous installment payments she has been making since the separation with a $500.00 contribution per month from Tom toward said payments.  Susie has paid a $2,000 retainer to her attorney with the help of her friends and her Bank of America Visa charge card.

Tom is a Project Engineer with General Project Design Corporation in San Francisco where he has worked since October 1, 1985 and earned $50,000 per year until June 30, 2002.  His salary increased to $125,000 per year in 2000 and since June 2002 Tom has been accepting stock in the company instead of salary increases.  Said stock price is based on $25.00 per share and Tom receives approximately 100 to 1,000 shares a year depending on the company’s profits.  He has completed college and currently holds two Masters degrees.  He claims married – 4 withholdings and, in addition to the usual withholding, he withholds the following every month:
1.	IRA $150.00
2.	Mandatory Pension $120.00
3.	Health Insurance $150.00
4.	Credit Union $100.00
5.	Child Support for one other child $250.00
Tom has approximately $4,000.00 in a savings account in his own name at Wells Fargo Bank and $200.00 in his checking account at the same institution.  He claims he has been making all the payments on the community obligations due to his voluntary contributions to Susie of $500.00 per month.

Susie has been so distraught about the situation that she has been undergoing psychotherapy with Dr. Egor at a cost of $600.00 per month, which is not covered by Tom’s health insurance although the children are covered by the insurance.

Tom left the family home and is reportedly spending every weekend in their condo at Lake Tahoe and was seen with Wanda on the lake in Tom’s Ski Boat.  Susie continues to pay all the household expenses such as $125.00 PG&E, Pacific Bell telephone $75.00, Food $600.00, Dental insurance $250.00, school supplied $50.00 and credit card payments from her meager salary.

Gadabout v. Gadabout Judicial Council Forms

FIRST APPEARANCE / FILING BY PETITIONER – SUSIE GADABOUT

1.	Petition (Family Law)					Judicial Council Form, FC-100
2.	Summons (Family Law)					Judicial Council Form, FL-110
3.	Declaration of Uniform Custody				Judicial Council Form, FL-105
Jurisdiction Act									
4.	Proof of Service of Summons (Family Law)		Judicial Council Form, FL-115

SECOND FILING AND HEARING – SUSIE GADABOUT

1.	Order to Show Cause					Judicial Council Form, FL-300
2.	Application and Support and Declaration		Judicial Council Form, FL-310
3.	Income and Expense Declaration (Family Law)		Judicial Council Form, FL-150

THIRD FILING – ORDER AFTER HEARING - SUSIE GADABOUT

1.	Findings and Order After Hearing			Judicial Council Form, FL-340
and FL-341,FL-342, FL-341A, FL-341C, FL-341E, FL-343, FL-344
2.	Earning Assignment Order For Spousal Support		Judicial Council Form, FL-435, FL-195
3.	Child Support Case Registry				Judicial Council Form, FL-191

FOURTH FILING – FINAL DISCLOSURE - SUSIE GADABOUT

4.	Declaration of Disclosure				Judicial Council Form, FL-140
5.	Schedule of Assets and Debts				Judicial Council Form, FL-142
6.	Property Declaration					Judicial Council Form, FL-160
7.	Declaration Regarding Service of Final Declaration 	Judicial Council Form, FL-141
of Disclosure

FINAL FILING AND JUDGMENT – SUSIE GADABOUT

1.	Appearance, Stipulations and Waivers			Judicial Council Form, FL-130
2.	Declaration for Default or Uncontested Dissolution of Legal Separation (Family Law)
								Judicial Council Form, FL-170
3.	Judgment (Family Law)					Judicial Council Form, FL-180
4.	Notice of Entry of Judgment				Judicial Council Form, FL-190
5.	Marital Settlement Agreement				To be developed from forms file

FIRST APPEARANCE - FILING BY TOM GADABOUT

1.	Response (Family Law)					Judicial Council Form, FL-320
2.	Declaration Under Uniform Custody			Judicial Council Form, FL-105
Jurisdiction Act
3.	Proof of Personal Service				Judicial Council Form, FL-330

SECOND APPEARANCE – RESONSE TO ORDER TO SHOW CAUSE – TOM GADABOUT

1.	Response Declaration to Order to Show Cause		Judicial Council Form, FL-320
2.	Income and Expense Declaration (Family Law)		Judicial Council Form, FL-150
3.	Proof of Personal Service				Judicial Council Form, FL-330

THIRD FILING – FINAL DISCLOSURE - TOM GADABOUT

1.	Declaration of Disclosure				Judicial Council Form, FL-140
2.	Schedule of Assets and Debts				Judicial Council Form, FL-142
3.	Property Declaration					Judicial Council Form, FL-160
4.	Declaration Regarding Service of Final Declaration 	Judicial Council Form, FL-141
of Disclosure 

PROJECT #1

OBJECTIVE

Using the samples in the LOPM, Chapter H, pgs. 41-42  as a guide and given a blank Judicial Council forms and basic facts, the student will prepare the following documents: 
Date Documents April 2, 2004

a.	Petition for Dissolution of Marriage, FL-100
b.	Summons for Family law, FL-110
c.	Declaration Under Uniform Custody Jurisdiction Act, FL-105
d.	Proof of Service, FL-115
e.	Transmittal cover letter to the Court
f.	First appearance filing fee.
g.	Prepare an appropriate service package for the process server (See instructions below)
Remember to include a blank Response form.
	h.	Complete fax and file service sheet for Mr. Gadabout.

INSTRUCTIONS TO STUDENT

LOPM reference:	Chapter H
Other reference:	LSI Legal professional’s Handbook

Using the Law Office Procedures Manual as a guide, prepare a Petition for Dissolution of Marriage. The facts are similar enough for you to use the form in the LOPM.

Law Firm

You are employed by John D. Legal of Lawful & Legal.  The firm’s address is 999 South Ninth Street, San Jose, California 95112; telephone number (408) 949-9999.  Mr. Legal’s California State Bar Number is 834567.  Mr. Legal represents Susie Q. Gadabout who is filing for the dissolution of marriage.

Facts of the Case

Following are the basic facts you will need to prepare the Petitioner:

1.	Susie Q. Gadabout and Tom H. Gadabout were married on August 4, 1993, and separated on November 1, 2003.  They were married 10 years and 3 months.  Students must compute the date based on 10 years and 3 months of marriage.  (Check dates for accuracy)

During the term of the marriage they resided at the residence located at 10411 Merry Lane, San Jose, California 95113 Telephone:  408.885.2387.  Susie Q. Gadabout is currently living at said residence.

2.	They have three children of their marriage: Tom H. Gadabout Jr., born on July 1, l994, age 9 years; Susanne Lee Gadabout, born on September 28, l996, age 7 years; and Jonathan Lee Gadabout, born on January 3, 1999, age 5 years.  The children are currently residing with their mother.  (Check dates for accuracy)

3.	Susie Q. Gadabout’s social security number is 555-65-5555. Tom H. Gadabout’s social security number is 111-55-2444.

4.	Susie Q. Gadabout’s separate property consists of:
(a)	$10,000 inherited from her father’s estate, presently in Sun City Bank.
(b)	$5,000 IRA account at Sun City Bank.
(c)	Three-Carat diamond ring inherited from mother’s estate.
(d)	All community and quasi-community assets and obligations will be listed on a separate Property Declaration.
(e)	Irreconcilable differences have caused the marriage to break down, and Susie Q. Gadabout is requesting the dissolution based on that fact.
(f)	Susie Q. Gadabout wishes to retain full legal and physical custody of the children with Tom H. Gadabout to have supervised visitation.
(g)	Susie Q. Gadabout is also requesting that Tom H. Gadabout pay her attorney's fees and pay spousal and child support.

Service of documents on Mr. Gadabout by Process Server

Date documents served:  April 10, 2004.  The original Summons has been issued and returned, together with two conformed copies, by the court clerk’s office bearing Case No. 12345, issued date April 5, 200x.  Properly fill out the Notice to Person Served on the copy of the Summons to be served on Tom H. Gadabout.

Prepare process service instruction sheet (see fax and file service sheet) and list the documents to be served on respondent. Do we have a picture of Tom Gadabout?  The information you have available for the process server is:

Home address:
Tom H. Gadabout
1453 Middle Road, No. 25
Cupertino, CA 95014
	Home Telephone:  408.446.2424

PROJECT #2

OBJECTIVE

Using samples from the LOPM, Chapter H, pgs. H-49 as a guide and given a blank Judicial Council form and basic facts, the student will prepare the following documents:

a.	Response to a Petition for Dissolution of Marriage, FL-120
b.	Declaration Under Uniform Custody Jurisdiction Act, FL-105
c.	Proof of Service by Mail.

LOPM reference:	Chapter H
Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

Using the Law Office procedures Manual as a guide, prepare a Response to Petition for Dissolution of Marriage. The facts are similar enough for you to use the form in the LOPM.

You are employed by I. M. Rich, of the law firm of Rich & Wealthy, located at 800 Greenback Street, San Jose, California 95129; telephone number (408) 555-1312. Mr. Rich’s California State Bar Number is 987654. Mr. Rich represents Tom H. Gadabout, who is filing a Response to Susie Q. Gadabout’s Petition for Dissolution of Marriage. On the Response form, Tom H. Gadabout also requests a dissolution of the marriage.

The following are the basic facts you will need to prepare the Response:

1.	Susie Q. Gadabout and Tom H. Gadabout were married on August 4, l993, and separated on November 1, 2003.  They were married 10 years and 3 months.

2.	During the term of their marriage, the parties resided at 10411 Merry Lane, San Jose, California 95113; Susie Q. Gadabout is currently residing at the residence.

3.	There are three children of their marriage, namely, Tom H. Gadabout Jr., born on July 1, l994, age 9 years; Susanne Lee Gadabout, born on September 28, l996, age 7 years; and Jonathan Lee Gadabout, born on January 3, l999, age 5 years. The children are currently residing with their mother.

4.	Susie Q. Gadabout’s social security number is 555-65-5555. Tom H. Gadabout’s social security number is 111-55-2444.

5.	Tom H. Gadabout’s separate property consists of the following:

a.	Pentax camera; stereo and speakers
b.	Sporting equipment
c.	Personal computer with hard drive and printer
d.	Gifts acquired by respondent during marriage.

6.	All community and quasi-community assets and obligations will be listed on a property declaration.

7.	Irreconcilable differences have caused the marriage to break down, and Tom H. Gadabout is requesting a dissolution of marriage based on that fact.

8.	Tom H. Gadabout is requesting joint legal custody of the children, with physical custody to Susie Q. Gadabout.  He requests that he receive visitation with the children; he agrees to pay child support; requests that property rights be determined; and that petitioner pay his attorney's fees.

PROJECT #3

OBJECTIVE

Using the samples in the LOPM, Chapter H, pgs.  73-86 as a guide and given a blank Judicial Council form and basic facts, the student will prepare the following documents:
Date the documents April 15, 200x
The hearing is scheduled for May 6, 200x

1.	Order to Show Cause, FL-300
2.	Application for Order and Supporting Declaration, FL-310
3.	Income and Expense Declaration; FL-150
4.	Proof of Service by Hand
5.	Remember to enter dates on the firm’s calendars.

LOPM reference:	Chapter H
Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

Using the Law Office Procedures Manual as a guide, prepare an Order to Show Cause, Application for Order and Supporting Declaration, and Income and Expense Declaration.  The facts are similar enough for you to use the form in the LOPM.  

Petitioner, Susie Q. Gadabout, wants to request that the court make appropriate orders with regard to the following issues: child custody, child visitation, child support, spousal support, attorney’s fees and costs.  The document is directed to the respondent, Tom H. Gadabout.  She is requesting the following:

1.	Physical custody of the three children, Tom H. Gadabout, Jr., age 9 years; Susanne Lee Gadabout, age 7 years; and Jonathan Lee Gadabout, age 5 years, be granted to her at the hearing and neither party shall remove the children from the State of California.

2.	Supervised child visitation for Tom to be determined at the Hearing.  He has requested alternate weekends from 6 p.m. Friday to 8 p.m. Sunday, commencing immediately.

3.	That Tom be ordered to pay child support per schedule.

4.	That Tom be ordered to pay spousal support per schedule.

5.	That Tom be ordered to pay her attorneys’ fees of $2,500 and actual costs in this matter.

6.	That Tom be restrained from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community or separate, except in the usual course of business or for the necessities of life, and that Susie be notified at least five business days before any proposed extraordinary expenditures and an accounting of such be made to the court. She further requests that both parties be restrained and enjoined from cashing, borrowing against, canceling, transferring, disposing of, or changing the beneficiaries of any insurance or other coverage, including life, health, automobile, and disability held for the benefit of the parties’ minor children; and that neither party shall incur any debts or liabilities for which the other may be held responsible, other than in the ordinary course of business or for the necessities of life.

7.	That she be given the exclusive temporary use, possession, and control of the family home at 10411 Merry Lane, San Jose, California; and further that Tom be ordered to make the mortgage payment on the home each month to First Interstate Bank in the amount of $1,000.

8.	A declaration which supports the reasons she is asking for the orders as specified in the document will be attached to the Application. (This declaration need not be prepared for the purpose of this exercise.)  If you would like extra credit, you can prepare the Declaration for Susie Gadabout.

PROJECT #4

OBJECTIVE

Using the samples in the LOPM, Chapter H, pgs.  73-86 as a guide and given a blank Judicial Council forms and basic facts, the student will prepare the following documents:
Date and file the documents May 17, 200x

1.	Findings and Order After Hearing, Judicial Council, FL-340, FL-341, FL-342, FL-343, FL-344, FL-341A, FL-341C, FL-34E
2.	Earning Assignment Order for Spousal Support, FL 435, FL-195
3.	Child Support Case Registry, FL-191
4.	Remember to enter dates on the firm’s calendars.

LOPM reference:	Chapter H
Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

Using the Law Office Procedures Manual as a guide, prepare the following documents:  	Findings and Order After Hearing, Earnings Assignment Order for Spousal Support and Child Support Case Registry.  The facts are similar enough for you to use the form in the LOPM.  

PROJECT #5

OBJECTIVE

Using the samples in the LOPM, Chapter H as a guide and given a blank Judicial Council forms and basic facts, the student will prepare the following documents:
Date and file the documents July 30, 200x

FINAL DISCLOSURE - SUSIE GADABOUT

1.	Declaration of Disclosure				Judicial Council Form, FL-140
2.	Schedule of Assets and Debts				Judicial Council Form, FL-142
3.	Property Declaration					Judicial Council Form, FL-160
4.	Declaration Regarding Service of Final Declaration 	Judicial Council Form, FL-141
5.	of Disclosure

FINAL FILING AND JUDGMENT – SUSIE GADABOUT

1.	Appearance, Stipulations and Waivers			Judicial Council Form, FL-130
2.	Declaration for Default or Uncontested Dissolution of Legal Separation (Family Law)
									Judicial Council Form, FL-170
3.	Judgment (Family Law)					Judicial Council Form, FL-180
4.	Notice of Entry of Judgment				Judicial Council Form, FL-190
5.	Marital Settlement Agreement				To be developed from forms file

LOPM reference:	Chapter H
Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

Using the Law Office Procedures Manual as a guide, prepare the Final Disclosure documents and Final Judgment documents as outlined above.  I will scan the Marital Settlement Agreement from the LOP manual for our use in Project 5.