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FL-349 - Spousal or Domestic Partner Support Factors Under Family Code Section 4320—Attachment
Summary
Spousal or Domestic Partner Support Factors Under Family Code Section 4320—Attachment
Text
Form ID: FL-349
Title: Spousal or Domestic Partner Support Factors Under Family Code Section 4320—Attachment
Effective Date: 2021-01-01
Mandatory Form: no
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-349
Primary Download URL: https://www.courts.ca.gov/documents/fl349.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl349s.pdf
Form Detail Page:
Spousal or Domestic Partner Support Factors Under Family Code Section 4320—Attachment
(FL-349)
States your agreement or the court’s findings (conclusions) about the facts that must be considered before making orders for long-term spousal or domestic partner support.
Get form FL-349
español
Get form FL-349 in Spanish
(Spanish)
Effective: January 1, 2021
PDF Text:
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
Page 1 of 7
Form Approved for Optional Use
Judicial Council of California
FL-349 [New January 1, 2021]
Family Code, §§ 270, 2030, 2032, 4320,
6344, 7640
FL-349
PETITIONER:
RESPONDENT:
CASE NUMBER:
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
TO Findings and Order After Hearing (form FL-340) Judgment (form FL-180)
Restraining Order After Hearing (CLETS-OAH) (form DV-130) Other (specify):
Parties' Stipulation (Written Agreement) (dated):
SECTION 1: FINDINGS STIPULATIONS ABOUT BOTH PARTIES
1. Petitioner is the support payee (party asking for support) support payor (party being asked to pay support).
2. Respondent is the support payee (party asking for support) support payor (party being asked to pay support).
3. Standard of living of the marriage or domestic partnership (Family Code section 4320(a)) See Attachment 3
The standard of living established during the marriage or domestic partnership was (describe):
4. Length of marriage or domestic partnership (Family Code section 4320(f))
a. (1) Date of marriage:
(2) Date of separation:
(3) Time from date of marriage to date of separation:................................................ years months
b. (1) Date domestic partnership was registered:
(2) Date of separation:
(3) Time from date of registration of the domestic partnership to date of separation: years months
c. If applicable, total combined years and months for the marriage (4a(3)) and the
domestic partnership (4b(3)).......................................................................................... years months
5.
a. The age of the party asking for support is:
b. The age of the party being asked to pay support is:
c. The health condition of the party asking for support is: (describe): See Attachment 5c
d. The health condition of the party being asked to pay support is (describe): See Attachment 5d
Age and health of the parties (Family Code section 4320(h))
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
FL-349 [New January 1, 2021]
FL-349
PETITIONER:
RESPONDENT:
CASE NUMBER:
6. Documented history of domestic violence (Family Code section 4320(i)) See Attachment 6
a. There documented evidence of a history of domestic violence (specify): is is not
(1) between the parties.
(2) perpetrated by petitioner respondent against (specify) petitioner respondent
either party's child.
(3) perpetrated by petitioner respondent against (specify) petitioner respondent
either party's child.
b. The court received the following documented evidence of domestic violence in this case:
(1) A plea of nolo contendere ("no contest").
(2) Emotional distress caused by domestic violence perpetrated against the party asking for support by the party being
being asked to pay support.
(3) Any history of violence against the party asking for support by the party being asked to pay support.
(4) A Restraining Order After Hearing (form DV-130).
(5) A finding by a court as part of a case involving divorce, separation, or a child custody proceeding, or other proceeding
in family court in which the court has found that the spouse or domestic partner has committed domestic violence.
(6) Other (specify):
7. Criminal conviction of the party asking for support (Family Code section 4320(m)) See Attachment 7
a. This item does not apply to the party asking for support.
b. Felony conviction of the party asking for support
The party asking for support is prohibited by law from receiving support from the party being asked to pay support (including
medical, life, or other insurance benefits or payments) under Family Code section 4324.5 because
(1) the party asking for support was convicted of a violent sexual felony or domestic violence felony against the party being
asked to pay support within five years after the conviction (and any time served in custody, on probation, or on parole); and
(2) the petition for divorce was filed within five years after the spouse's or domestic partner's conviction (and any time served in
custody, on probation, or on parole).
c.
Misdemeanor conviction of the party asking for support
(1) There is a rebuttable presumption that the party asking for support is prohibited from receiving support from the party being
asked to pay support under Family Code section 4325 because
(A) the party asking for support was either convicted of a domestic violence misdemeanor against the party being asked
to pay support in this case or convicted of a misdemeanor against that party which resulted in a term of probation
under Penal Code section 1203.097); and
(B) the conviction was entered by the court within five years before the petition for divorce was filed (or the conviction was
entered at any time during the divorce case).
(2) Based on a preponderance of the evidence, the party asking for support rebutted the
presumption in 7c(1), as follows:
has has not
Page 2 of 7
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
FL-349 [New January 1, 2021]
FL-349
PETITIONER:
RESPONDENT:
CASE NUMBER:
SECTION 2: FINDINGS STIPULATIONS ABOUT THE PARTY ASKING FOR SUPPORT
Earning capacity (Family Code section 4320(a)(1)8.
a. The marketable skills (training, job skills, and work history) of the party asking for support are (describe): See Attachment 8a
b. The current job market for the job skills of the party asking for support is (specify): See Attachment 8b
c. The time and expenses required for the party asking for support to acquire the appropriate education
and training to develop the skills for the job market described in 8b are (specify):
See Attachment 8c
d. The possible need for retraining or education to acquire other, more marketable skills or
employment (specify):
See Attachment 8d
e. The extent to which the party asking for support is able to earn enough money to maintain
the standard of living established during the marriage or domestic partnership is (specify):
See Attachment 8e
Page 3 of 7
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
FL-349 [New January 1, 2021]
FL-349
PETITIONER:
RESPONDENT:
CASE NUMBER:
9. Earning capacity (Family Code section 4320(a)(2)) See Attachment 9
a. The party asking for support had periods of unemployment because of the time needed
to attend to domestic duties. (Complete 9b if there were periods of unemployment.)
has has not
b. Specify the extent to which the present or future earning capacity of the party asking for support is impaired by periods of
unemployment to devote time to domestic duties during the marriage or domestic partnership.
10. Contributions to the education and training of the party being asked to pay support See Attachment 10
a. The party asking for support contribute to the education, training, career position, or license of
the other party. (If the party asking for support did contribute, complete item 10b.)
did did not
b. Specify the extent to which the party asking for support contributed to the education, training, career position, or license of the
party being asked to pay support.
11. Care for children (Family Code section 4320(g)) See Attachment 11
a. The party asking for support had periods of unemployment to care for the children of the
marriage or domestic partnership. (Complete 11b if there were periods of unemployment.)
has has not
b. The party asking for support able to be gainfully employed without unduly interfering with the interests
of the children in the care of the party asking for support (specify):
is is not
12. Needs of the party asking for support (Family Code section 4320(d))
Specify the needs of the party asking for support based on the standard of living established during the marriage or domestic
partnership, as described in item 3.
See Attachment 12
Assets and debts (Family Code section 4320(e))13. See Attachment 13
a. The assets, including separate property, of the party asking for support are (specify):
Page 4 of 7
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
FL-349 [New January 1, 2021]
FL-349
PETITIONER:
RESPONDENT:
CASE NUMBER:
b. The debts, including separate property, of the party asking for support are (specify):
14. Tax consequences (Family Code section 4320(j)) See Attachment 14
The immediate and specific tax consequences for the party asking for support are (specify):
a. this a marriage or domestic partnership of long duration (about 10 years or more). is is not
b. is is not the party asking for support currently self-supporting.
c. advisement of the duty to become self-supporting:
(1) The party asking for support is advised to make good-faith efforts to become self-supporting in a reasonable period of time.
(2) Failure to make good-faith efforts to become self-supporting can be considered a change in circumstances that could
result in a reduction in the amount of spousal or domestic partner support.
(3) The plan for the party to become self-supporting, including the expectation of what is a "reasonable period of time to
become self-supporting" is (specify):
d. Other (specify):
15. Goal to become self-supporting (Family Code section 4320(l)) See Attachment 15
In considering the goal that the party asking for support will be self-supporting in a reasonable period of time, the court finds, or the
parties stipulate that
Page 5 of 7
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
FL-349 [New January 1, 2021]
FL-349
PETITIONER:
RESPONDENT:
CASE NUMBER:
SECTION 3: FINDINGS STIPULATIONS ABOUT THE PARTY BEING ASKED TO PAY SUPPORT
16. Ability to pay support / earning capacity (Family Code sections 4320(c)) See Attachment 16
a. The earned income of the party being asked to pay support is (specify): unknown
b. The unearned income of the party being asked to pay support is (specify): unknown
c. This party have the ability to earn enough money to maintain the standard of living described in
item 3 for both spouses or domestic partners. (If not, explain why below.)
does does not
d. Based on the above responses, this party is is not able to pay spousal or domestic partner support.
17. Needs of the party being asked to pay support (Family Code section 4320(d)) See Attachment 17
Specify the needs of the party being asked to pay support based on the standard of living established during the marriage or
domestic partnership, as described in item 3.
18. Assets and debts (Family Code section 4320(e)) See Attachment 18
a. The assets, including separate property, of the party being asked to pay support are (specify):
b. The debts, including separate property, of the party being asked to pay support are (specify):
19. Tax consequences (Family Code section 4320(j)) See Attachment 19
The immediate and specific tax consequences for the party being asked to pay support are (specify):
Page 6 of 7
SPOUSAL OR DOMESTIC PARTNER SUPPORT FACTORS
UNDER FAMILY CODE SECTION 4320— ATTACHMENT
FL-349 [New January 1, 2021]
FL-349
PETITIONER:
RESPONDENT:
CASE NUMBER:
SECTION 4: FINDINGS STIPULATIONS ABOUT OTHER FACTORS
20. Balance of hardships (Family Code section 4320(k)) See Attachment 20
Describe below any special financial difficulties to the party being asked to pay support if ordered to pay support compared to the
hardship to the party who is asking for support.
21. See Attachment 21Indicate other factors that the court, or the parties, determined to be just and equitable to consider
in making orders about spousal or domestic partner (Family Code section 4320(n)):
Number of pages attached:
Page 7 of 7
Retrieval chunks
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#1
Form ID: FL-349 Title: Spousal or Domestic Partner Support Factors Under Family Code Section 4320—Attachment Effective Date: 2021-01-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-349 Primary Download URL: https://www.courts.ca.gov/documents/fl349.pdf Alternate Do…
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#2
a. The age of the party asking for support is: b. The age of the party being asked to pay support is: c. The health condition of the party asking for support is: (describe): See Attachment 5c d. The health condition of the party being asked to pay support is (describe): See Attachment 5d Age and health of the part…
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#3
(2) the petition for divorce was filed within five years after the spouse's or domestic partner's conviction (and any time served in custody, on probation, or on parole). c. Misdemeanor conviction of the party asking for support (1) There is a rebuttable presumption that the party asking for support is prohibited …
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#4
a. The party asking for support had periods of unemployment because of the time needed to attend to domestic duties. (Complete 9b if there were periods of unemployment.) has has not b. Specify the extent to which the present or future earning capacity of the party ask…
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#5
a. this a marriage or domestic partnership of long duration (about 10 years or more). is is not b. is is not the party asking for support currently self-supporting. c. advisement of the duty to become self-suppo…
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#6
b. The debts, including separate property, of the party being asked to pay support are (specify): 19. Tax consequences (Family Code section 4320(j)) See Attachment 19 The immediate and specific tax consequences for the party being asked to pay support are (specify): Page 6 of 7 SPOUSAL OR DOMESTIC PARTNER SUPPORT …