Lawyaw assignment .
LAW 108 - FAMILY LAW PROJECT #3 This Project is a companion to Project #2. After filing our initial Petition and the remainder of the documents from Project #2 and having them served on the respondent, our client and the respondent cannot come to a settled agreement concerning child custody and visitation, he wants to visit whenever he feels like it. The respondent has also started to drink heavily and even threatened our client to the point that she had to get a restraining order from the court. There is now a need for temporary orders while the dissolution matter is proceeding and therefore our client, Mrs. Smith should be assisted with a Request for Order (RFO) to obtain temporary orders from the court. This project requires that you complete Request for Order documents and have them ready to be filed with the court by April 6, 2022. Our client has written out the attached summary of some of the things that have gone on since she was last in our office and given us more information on what the parental responsibilities were between she and Mr. Smith prior to their separation. Use this information to prepare the declaration to accompany the RFO that you will be preparing for our client . Additionally, our client, Mrs. Smith has been forced to take 2 furlough days a week resulting in a reduction of $600 in her monthly income, while Mr. Smith, the respondent, has received a promotion and his income has increased to $8,000.00 per month, so we need to prepare and file new Income and Expense Declarations. Also, we should include a request for temporary spousal support for our client, especially in light of her lost income. Since we haven’t run a dissomaster for this case yet, ask for “guideline” child support and spousal support. It is important that temporary orders be established by the court while this matter is pending, please get on these RFO documents right away. Just a reminder, the Los Angeles Superior Court Case No. For Ms. Smith’s case is VD 012345, you should prepare: 1. REQUEST FOR ORDER FL-300 with client’s declaration prepared for client’s signature. (20 points) 2. CHILD CUSTODY AND VISITATION APPLICATION ATTACHMENT FL-311 and ADDITIONAL PROVISIONS-PHYSICAL CUSTODY ATTACHMENT FL-341(D) (15 points) Note: Please place short factual summaries in paragraphs 2.c., 3.d. and 4.c. But, also prepare a separate declaration of our client to be attached to the RFO as Attachment 10. Use attachments in Lawyah, pleading paper or regular blank paper) Be sure to incorporate the Reifler and Stevenot language in the first paragraph of Mrs. Smith’s declaration (even though this language is probably not required any longer after the Elkins changes.) See Sample Declaration on reverse of this page. 2. INCOME AND EXPENSE DECLARATION FL-150 (New) (10 points) TOTAL POINTS for this project is 45 points. LAW 108 - CALIFORNIA FAMILY LAW FACT SHEET FOR FAMILY LAW PROJECTS You are employed with the Cerritos College Law Clinic, 11110 Alondra Boulevard, Norwalk, California, 90650. (562) 555-1212 Mrs. Jennifer Smith has come to see us for a dissolution of marriage action. After listening to her explain the situation, and you providing her with some advice and counsel, she has decided to proceed with a dissolution action. For Project #2. - Using the information provided by our client during the interview and contained in the client questionnaire that we completed during the interview, please prepare Mrs. Smith’s initial dissolution pleadings. Please prepare the following documents: 1. Summons (Family Law) FL-110 (5 points) 2. Petition-Marriage (Family Law) FL-100 (20 points) 3. Declaration of Disclosure (Family Law) FL-140 (5 points) 4. Schedule of Assets and Debts (Family Law) FL-142 (10 points) 5. Income and Expense Declaration (Family Law) FL-150 (10 points) 6. Separate Property Declaration (Family Law) FL-160 (5 points) 7. Community Property Declaration (Family Law) FL-160 (5 points) 8. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) FL-105 (5 points) 9. Family Case Cover Sheet-Certificate of Grounds For Assignment to District LA-F020 (5 points) Total Points available: 70 points Note: When preparing the Schedule of Assets and Debts FL-142, if there are no assets or debts mentioned by our client please type in the word “NONE” under the category of the form where our client says no property exist. In order to prepare these forms, please use Lawyaw, a judicial counsel document preparation program available on the computers in our paralegal lab or online. Please have the forms completed and ready to file on Wednesday, March 2, 2022 Client Interview Checklist Dissolution Information Questionnaire A. Personal Information 1. Client’s Name: Jennifer A. Smith Present Address: 11834 E. Firestone Boulevard Norwalk, CA 90650 Telephone: Home: (562) 864-9935 Cell: (562) 864-9936 Date of Birth: April 21, 1975 Driver’s License Number: CL 651199 Social Security Number : 662-99-4785 2. Spouse’s Name: Michael S. Smith Present Address: 725 W. Rosecrans Boulevard Compton, CA 90220 Telephone: Home: (310) 632-2225 Cell: (323) 632-7354 Date of Birth: February 5, 1974 Driver’s License Number: CL0763328 Social Security Number: 563-07-1753 3. How many years or months have you lived in the State of California? 20 years How many years or months have you lived in Los Angeles County? 20 years 4. Date of Marriage: June 4, 2001 5. Date of Separation: July 4, 2021 6. Do you and your spouse have children together who are not yet 18 years old? Yes Children of the Marriage: Name Date of Birth Sex Place of Birth Robert F. Smith October 17, 2005 Male Los Angeles, CA Maria G. Smith January 13, 2007 Female Los Angeles, CA 7. Who do the children live with right now? Me 8. Have the children lived with any person other than you, or you and your spouse, during the last five years? No 9. Where have the children lived for the last five years? 725 W. Rosecrans Avenue, Compton, California, 90220 2/01/2015 to 7/4/2020 11834 E. Firestone Boulevard, Norwalk, California 90650 7/4/2020 to Present 10. Are there any other past and/or pending legal actions between you and your spouse? No If Yes, please list them by case number and court location: ______________________________________________________________________ ______________________________________________________________________ 11. Have there any other past and/or pending child custody actions between you and your spouse? No If Yes, please list them by case number and court location: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 12. Do you want to change your “legal” name back to your maiden or former married name? Yes, maiden name Jennifer Jones 13. Are you presently employed: Yes Employer: Downey Unified School District