1876Petitioner,

Any
23Petitioner,
714-555-5555
4678Superior
9County
In
Petitioner:
11
and
12
Respondent:____________________________
Date:
13
Dept:
14
1)Time:
19 re)Town,
Party
Street
the
ofCourt
CA_________________________
______________________
marriage
In55555
_____________________________,
Prothe
of PerState
of: ) CaseofNo.
California
) )PetitionerÕs
appearingTrial
in propria
Brief persona, respe
submits
ctfully
STATISTICAL
22
21
I.
23
Date
24
4Length
26
Children:
28
-27
TRIAL
1years,
PETITIONERÕS
ofBRIEF
ofSeparation:
his
Marriage:
4________________________,
Marriage:
months.
Trial List
INFORMATION
Brief:
Listexact
exactdate
length date
ofofmarriage
ofmarriage,
bornseparation,
_______________.
in years
day day
month
andmonth
and
months,
Listand
year.
allfor
year.
children
example
1 this marriage, or relationship along with their date of birth. If no children
of
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23
22
21
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18
17
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13
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234678911
CUSTODY
II.
children.
A.
On state
HISTORY:
____________________________
there
AND VISITATION
are no both parties stipulated to Joint Legal and Joint
Physical Custody of the minor children, with Primary Physical Custody to the Res
pondent andas specified in the stipulation. A copy of the Order signed by Judge
visitation
_______________
filed
B.
The
Be CONTENTIONS:
sure
Petitioner
onto______________
modify
agrees
andthiswith
and
is add
attached
the Current
detailasaccording
Exhibit and
Custody ÒAÓ.
to your
Visitation
particular
orders.
situation. Li
st the custody and visitation orders, and then put down what changes you want,
current
if _______________
NOT
CHILD
III.
A.
On any.
HISTORY:
just
SUPPORT
Douse the wording
the Court
in this
issued
paragraph.
an order for the Petitioner to pay the sum o
f$__________________per month for child support, payable one-half on the first an
d one-halfofoneach
fifteenth the month commencing ___________. A copy of the Order on Order to
Show
attached
-B.
TRIAL
2ISSUES:
PETITIONERÕS
Cause
BRIEFasisExhibit ÒBÓ.
Conference
As
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13
12
1234678911 shown oninPage
which
3 oftheExhibit
Court would
ÒBÓ thenotsupport
imputeorders
incomewere
to the
based
Respondent.
upon a Chambers
However
, the Courtthat the Respondent should be gainfully employed within 90 days. The R
indicated
espondent
failed
C.
Petitioner
CONTENTIONS:
to seek
has
contends
gainful
thatemployment.
the child support order should be modified for the foll
owing
1. Thereasons:
percentage of visitation time that the Petitioner has with the children h
increased from 10% to over 30% since the last Custody and Visitation order was i
as
ssued
2.
__________________________.
Since
on the Respondent is not gainfully employed and, as far as Petitioner know
has not sought any gainful employment, the Court should impute income to the Res
s,
pondent. Thehas worked at several jobs before, including Customer Service at ____
Respondent
and also at Party Plan Sales for _________________ in fact the Respondent was so
____________,
Plan
goodSales
at Party
that she was, at one time, ranked __________ in the nation in total s
alestoandHawaii,
one won 2 and
trips,
a Caribbean Cruise. She netted approximately $1,000.00 per mo
nth at And
sales. partythis
planwas back in 1990. Petitioner contends that the Respondent is cap
able ofper
$10.00 earning
hour and requests that the Court impute an income of $10.00 per hour
to Respondent,
modify the childandsupport order accordingly. The Petitioner should not have to co
ntinuesupport
child
Petitioner
to pay
requests
more because
just the Court
theconsider
Respondentthewillingly
followingchooses
Points and
not Authorities
to work. rega
rding this
matter. Ò Determination of order for child support may properly rest on fluctuatio
ns pay
to of need,
when the
or ability
opportunity and ability to work are present, but not the willing
-ness.Ó
TRIAL
3 PETITIONERÕS
BRIEF
In re Marriage
1 Kepley (1987) 193 Cal. App.3d 946, 951, In re Marriage of Llas (1993) 12 Cal.
of
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234678911
1638-39.
App. father
ÒThe 4th 1630,and mother of a minor child have an equal responsibility to support t
heirmanner
the child suitable
in to the childÕs circumstances.Ó Family Code ¤ 3900. ÒA support order
may be at any time as the Court determines to be necessary.Ó Family Code ¤ 3651 (a
modified
Be sure to modify this and add detail according to your particular situation. Li
).
st the child support order and then put down what changes you want, if any. Do
current
NOT________________
use
SPOUSAL
IV.
A.
On HISTORY:
justSUPPORT
the wording in thisthe Court
paragraph.
issued an order for the Petitioner to pay the sum
$____________ per month for child support, payable one-half on the first and one
of
-half on the
fifteenth of each month commencing _______________. A copy of the Order on Order
Cause
B.
As
Conference
toshown
ISSUES:
Show
is on
attached
inPage
which
3asofthe
Exhibit
Exhibit
CourtÒBÓ.
ÒBÓ thenotsupport
would imputeorders
incomewere
to the
based
Respondent.
upon a Chambers
However
, the Courtthat the Respondent should be gainfully employed within 90 days. The R
indicated
espondent
failed
C.
Petitioner
CONTENTIONS:
to seek
has
contends
gainfulthatemployment.
the spousal support order should be modified for the fo
- 4 PETITIONERÕS
reasons:
llowing
TRIAL BRIEF
1 The Court also ordered that the Petitioner shall pay, as and for additional s
1.
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234678911
25% of any gross commission, bonuses, etc, received. The Petitioner requests tha
upport
t thesaid
that Courtadditional
order support shall be considered spousal support so that Petitio
nerSince
amounts
2. may as
claim
thea Respondent
deduction
said onishis
notFederal
gainfully
andemployed
State income
and, as
taxfar
returns.
as Petitioner know
has not sought any gainful employment, the Court should impute income to the Res
s,
pondent. Thehas worked at several jobs before, including Customer Service at ____
Respondent
___________,
also at PartyandPlan Sales for ________________, in fact the Respondent was so goo
d at Party
Sales that she
Planwas, at one time, ranked __________ in the nation in total sales
and won and
Hawaii, 2 trips,
a Caribbean
one to Cruise. She netted approximately $1,000.00 per month at
partythis
And planwassales.
back in 1990. Petitioner contends that the Respondent is capable of
hour
earning
and requests
$10.00 perthat the Court impute an income of $10.00 per hour to Responde
nt, and support
spousal modify theorder accordingly. The Petitioner should not have to continue to
support
Further,
pay morejust
the
spousal
because therequests
Petitioner Respondent
thatwillingly
the Courtchooses
only retain
not tojurisdiction
work. over th
e issue until
support of spousal
_________________________, which is a period of four years, four m
onths,
one-half
Be surewhich
toofmodify
the
is length
this and
of the
addmarriage.
detail according to your particular situation. Li
st the spousal support order and then put down what changes you want, if any. D
current
o 5NOT
use
DIVISION
V.
-A.
TRIAL
HISTORY:
theBRIEF
PETITIONERÕS
just
wording
OF PROPERTY
in this paragraph.
1 ___________________ the Court made Orders regarding the division of property
On
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234678911
debts.
and
B:
Petitioner
CONTENTIONS:
A copy
agrees
of the
withJudgment
the orders
is attached
made on ____________________
as Exhibit ÒCÓ. regarding divisio
n ofsure toandmodify
property
Be debts.this and add detail according to your particular situation. Li
st the property division order and then put down what changes you want, if any.
current
has
If been
no order
made regarding the division of property then list how you want the prop
erty_________________
Do
ATTORNEY
VI.
A.
On NOTdivided.
HISTORY:
just
FEESuse the wording
the Court
in made
this an
paragraph.
Order that the Petitioner shall pay direc
tly to
RespondentÕs attorney, as an advance for PetitionerÕs contribution to RespondentÕs att
orneyoffees,
sum $____________
the payable at the rate of $_______________per month commencing
_______________ and continuing on the first of each month until paid in full. Se
e Exhibit
B.
attached.
Whether
ISSUES:
orÒAÓ
not the Respondent should have to pay any more of the RespondentÕs atto
C. CONTENTIONS:
fees.
rney
Respondent contends that this case has been allowed to drag on far too long beca
use of the
actions of Respondent, and her attorney. On __________________ a Child Custody m
- 6 PETITIONERÕS
ediation
TRIAL BRIEF
1
appointment
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12
234678911 was set, the Respondent refused to attend the meeting. There was a M
Settlement Conference scheduled on ______________ which the Respondent refused t
andatory
o attend. On
______________________ the trial that was scheduled was continued because the Re
attorney hadfeels
spondentÕs
Respondent a schedule
that dueconflict.
to this case being allowed to drag on that he should n
ot sure
any
Be have
moretoofmodify
pay
the RespondentÕs
this and addattorney
detail according
fees. to your particular situation. Li
st the attorney order and then put down what changes you want, if any. If no or
current
der has
made regarding
been attorney fees then list what order you want. Do NOT just use the
wording
this
OTHER
VII.
A:
Petitioner
MEDICAL
paragraph.
ISSUES
in is
INSURANCE
currently
COVERAGE
payingFOR
forRESPONDENT:
medical insurance coverage for the Respondent
. Petitioner
requests that the Court order that the Petitioner no longer have to pay for medi
calAUTO
for
B:
Petitioner
insurance
the Respondent.
INSURANCE
is currently
coverage
COVERAGE
paying
FOR for
RESPONDENT:
auto insurance coverage for the Respondent. H
owever the has been notified by his insurance company that they will no longer p
Petitioner
rovide
the Respondent
coverageeffective
for ___________________ because she no longer resides in hi
s household.
copy of the letter
A is attached as Exhibit ÒDÓ. Petitioner requests that the Court or
der that theno longer have to pay for auto insurance coverage for the Respondent.
Petitioner
TRIAL
- 7 PETITIONERÕS
BRIEF
1 sure to modify this and add detail according to your particular situation. Li
Be
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234678911
st the orders regarding medical and auto insurance and then put down what chang
current
es youif any. If no order has been made regarding insurance then list what order
want,
INOT
you
declare
just
want.use
under
Dothepenalty
wordingofinperjury
this paragraph.
under the laws of the State of California tha
t 8the
is
________________________,
__________________________________________
Dated:____________________
Note
their
own
filed,
days
to
documents,
Many
Income
This
-Settlement
TRIAL
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PETITIONERÕS
that
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