Mandatory Settlement Conference Term Sheet-Dissolution Of Marriage {D-294}

SDSC D-294 (New 3/19) MANDATORY SETTLEMENT CONFERENCE Page 1 of 13 Optional Form TERM SHEET227DISSOLUTION OF MARRIAGE Attached to FL-180; Page 1 of ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO.(Optional): EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUNTY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 PETITIONER JUDGE RESPONDENT DEPT MANDATORY SETTLEMENT CONFERENCE TERM SHEET227DISSOLUTION OF MARRIAGE CASE NUMBER By initialing each page of this term sheet, the parties acknowledge the information contained herein is true and correct. The terms of this agreement shall be enforceable pursuant to Code of Civ. Proc 247 664.6, and will be incorporated into a Marital Settlement Agreement signed by counsel and both parties. The terms of this agreement constitute a stipulated judgment pursuant to Cal. Rules of Court, rule 5.411 which is submitted to the court today attached to a Judgment (JC Form #FL-180). The parties concurrently submit the Notice of Entry of Judgment (JC Form #FL-190). I. STATISTICAL INFORMATION The parties were married on . This action was filed on . The parties separated on the date listed in the Petition the date listed in the Response . The court acquired jurisdiction on , which is the date respondent was served with process the date respondent appeared. The parties request that marital status be terminated and the parties are restored to the status of single persons today on a date to be determined on noticed motion of either party or on stipulation. The Petitioner Respondent requests restoration of his/her former name to . Preliminary Declaration of Disclosure. Both parties have served their preliminary declaration of disclosure and filed Declaration Regarding Service of Declaration of Disclosure and Income and Expense Declaration (223FL-141224) (JC Form #FL-141) with the court. Final Declaration of Disclosure. Petitioner Respondent served his/her final declaration of disclosure and filed FL-141 with the court. Both parties agree to waive final declaration of disclosure requirements under Fam. Code 247 2105. Both parties have filed Stipulation and Waiver of Final Declaration of Disclosure (JC Form #FL-144) with the court. OR The parties agree to waive the requirements of Fam Code 247 2105(a) concerning the final declarations of disclosure and confirm under penalty of perjury as follows: Each has complied with Fam. Code 247 2104 and the preliminary declarations of disclosure have been completed and exchanged. Each has completed and exchanged a current Income and Expense Declaration (JC Form #FL-150) that includes all material facts and information on each party222s earnings, accumulations, and expenses. Each has fully complied with Fam. Code 247 2102 and has fully augmented the preliminary declarations of disclosure, including disclosure of all material facts and information on the characterization of all assets and liabilities, the valuation of all assets which are community property or in which the community has an interest, and the amounts of all community debts and obligations. Each makes this waiver knowingly, intelligently, and voluntarily. Each party understands that this waiver does not limit the legal disclosure obligations of the parties but rather is a statement under penalty of perjury that those obligations have been fulfilled. The parties also understand that if they do not comply with these obligations, the court will set aside the judgment. Pet. (Initials) Resp. (Initials) American LegalNet, Inc. www.FormsWorkFlow.com CASE TITLE CASE NUMBER SDSC D-294 (New 3/19) MANDATORY SETTLEMENT CONFERENCE Page 2 of 13 Optional Form TERM SHEET227DISSOLUTION OF MARRIAGE Attached to FL-180; Page 2 of Appearance, Stipulations, and Waivers. Respondent must check a box below: By filing this form, I make a general appearance. I have previously made a general appearance. I am a member of the military services of the United States of America. I have read and understand the Declaration and Conditional Waiver of Rights Under the Servicemembers Civil Relief Act of 2003 (JC Form #FL-130(A)). A copy of the FL-130(A) shall be attached to the Judgment. Agreements, stipulations, and waivers (choose all that apply): The parties agree that this cause may be decided as an uncontested matter. The parties waive their rights to notice of trial, a statement of decision, a motion for new trial, and the right to appeal. This matter may be decided by a commissioner sitting as a temporary judge. The parties have a written agreement that will be submitted to the court, or a stipulation for judgment will be submitted to the court and attached to Judgment (JC Form #FL-180). Minor Children. The minor children of the marriage are listed below. Parentage is established for children born prior to the marriage. For any child named therein born prior to our marriage, parties acknowledge that they are the parents of that child and have attached or previously filed the requisite Advisement and Waiver of Rights Re: Establishment of Parental Relationship (JC Form #FL-235) for each such child. Minor Child222s Name Date of Birth Minor Child222s Name Date of Birth 1. 4. 2. 5. 3. 6. A Child Custody and Child Support Attachment (SDSC Form #D-XXXA) is incorporated into this agreement. II. SPOUSAL SUPPORT Petitioner Respondent shall pay spousal support to the other party in the amount of $ per month. The effective date is and payable on the 1st of the month half on the 1st and half on the 15th of the month other . Effective , spousal support is reduced to . Effective , spousal support is reduced to . Effective , spousal support is reduced to . Spousal support shall be paid by an earnings assignment order. The obligor is responsible for the payment of support directly to the recipient until support payments are deducted from the payor222s earnings, and for any support not paid by the assignment. Pursuant to Fam. Code 247 5260, the parties agree to stay service of an earnings assignment order. The obligor is responsible for making direct payments during any period when the wage assignment is not in effect. Good cause for staying a wage assignment exists only when all of the following conditions exists as follows: The stay of the wage assignment is in the best interests of the child as follows: The obligor has a history of uninterrupted, full, and timely payment, other than through a wage assignment or other mandatory process of previously ordered support, during the previous 12 months. The obligor does not owe an arrearage for prior support. Pet. (Initials) Resp. (Initials) American LegalNet, Inc. www.FormsWorkFlow.com CASE TITLE CASE NUMBER SDSC D-294 (New 3/19) MANDATORY SETTLEMENT CONFERENCE Page 3 of 13 Optional Form TERM SHEET227DISSOLUTION OF MARRIAGE Attached to FL-180; Page 3 of Fam. Code 247 4320 Factors Marital standard of living. The marital standard of living can generally be described as modest lower-middle class middle-class upper-middle class upper class . the combined annual income of the parties was approximately . the parties222 monthly living expenses were approximately . the parties did not own a home owned a home valued at approximately . the parties did not vacation regularly vacationed regularly at locations including . the parties drove modest vehicles drove expensive vehicles including . the parties did not accumulate significant assets accumulated assets including . the parties spent beyond their means. Earning capacity. The court considers the extent to which the earning capacity of each party is sufficient to maintain the standard of living established during marriage. The parties hereby incorporate, as Fam. Code 247 4320 factors, the income and figures in the attached DissoMaster printout or the figures stated in the child support section of the Child Custody and Child Support Attachment (SDSC Form #D-294A) attached to this a