Hi, I’m Claudia Brown Coulter with Pivotal Peace. I am your go-to mediator for navigating divorce while parenting special needs children. I’m also a legal document assistant (LDA) in the greater Los Angeles area. Welcome to Step Two Tuesdays! Today, we’re discussing the Income and Expense Declaration, a crucial part of the divorce process.

Understanding the Income and Expense Declaration

Filling out the California Form FL-150, the Income and Expense Declaration, can seem daunting, but it’s an essential step in your divorce process. This form provides the court with a clear picture of your financial situation, which is necessary for determining support and dividing assets.

Filling Out the Basic Information

Start by entering your personal details at the top of the form. If you don’t have an attorney, you’ll need to fill this out yourself:

  • Name: Your full name.
  • Address: Your current address.
  • Telephone number: A contact number.
  • Email address: A valid email address.

Next, fill in the court information:

  • County: The county where you are filing.
  • Court address: The address of the court.
  • Case number: If you have one, from your FL-100 form.

Make sure to use the same name format as on your FL-100 form to avoid confusion.

Employment Information

Enter your current employment details:

  • Employer’s name and address.
  • Your job title and the date you started.
  • If you’re unemployed, enter the date your last job ended.
  • Hours worked per week.
  • Gross income: This is your income before taxes.

Educational Background

The court needs to understand your educational background and any special training or licenses you hold:

  • Highest level of education completed.
  • Any degrees or vocational training.

Tax Information

Provide information about your last filed tax return:

  • Year filed.
  • Filing status: Married filing jointly, married filing separately, etc.
  • Number of exemptions claimed.

Estimating Spouse’s Income

If you don’t know your spouse’s exact income, estimate it to the best of your ability. Many people write “unknown” if they are unsure.

Detailing Your Income

On the second page, you’ll need to provide more specific details about your income:

  • Gross income: Total income before any deductions.
  • Overtime, commissions, and bonuses.
  • Any public assistance or support payments received.
  • Income from rental properties, dividends, or business interests.

Attach copies of your pay stubs for the last two months and any other proof of income.

Deductions and Expenses

List any mandatory deductions from your paycheck, such as:

  • Union dues.
  • Retirement contributions: Not voluntary contributions like 401(k) but mandatory ones like CalPERS or CalSTRS.
  • Health insurance premiums.

Also, list any other monthly expenses, such as:

  • Rent or mortgage payments.
  • Childcare costs.
  • Groceries, utilities, transportation, and other household expenses.

Additional Household Members

If you have other people living with you, list them and their contributions to the household expenses, if any.

Estimating Monthly Expenses

You’ll need to estimate your average monthly expenses. This can include:

  • Housing costs: Rent or mortgage, property taxes, homeowners’ insurance.
  • Utilities.
  • Transportation costs: Car payments, gas, insurance, maintenance.
  • Healthcare costs not covered by insurance.
  • Childcare or education expenses.

Legal Fees

If you have an attorney, you’ll also need to provide details about your legal fees, including what you’ve paid and what you still owe. Remember that a mediator and LDA do not count as attorney fees.

Providing Supporting Documentation

Attach your pay stubs, profit and loss statements, or your Schedule C from your last tax return. Make sure to sign and date the form before serving it to your spouse.

Serving the Documents

Once you’ve completed the form, it needs to be served to your spouse. This isn’t as formal as serving initial divorce papers. You can email or mail the documents to your spouse or hand them over in person.

Final Thoughts

The Income and Expense Declaration is an essential part of the divorce process. It might seem overwhelming, but it’s crucial for ensuring an equitable distribution of assets and determining support. If you’re feeling overwhelmed, remember that help is available. As an LDA, I can assist you in filling out these forms and navigating the process.

If you have any questions, please let me know in the comments below. If you found this helpful, feel free to share it with someone who might benefit. Have a great day, and thanks so much for joining me on Step Two Tuesdays!