San Leandro, CA asked in Divorce and Family Law for California

Q: If filing an FL-150 for spousal support and electing proposed needs should I also explain my current living situation?

I am filing an FL-150 and requesting spousal support. I have not lived with my ex for about 9 months. I am currently living rent free with my current partners family where he pays rent etc but I do not. However I will be leaving here as soon as I am able (ideally after the divorce is finalized or perhaps earlier). Currently I have my own expenses of food, insurance etc.. When I move out other than my current expenses I will also be adding rent/utilities.

My questions are:

1) Do I estimate my rent and other payments I will need to take on when filling out proposed needs regardless of what is currently being paid by other people at the place I am currently living?

2) Should I attach a separate exhibition or other document explaining my current living situation and how I am getting along without support currently?

3) If I am planning on moving out with my partner am I including his potential future contributions to my future living expenses (such as rent for example)?

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2 Lawyer Answers

A: If you are using the proposed needs then you would list what you estimate your expenses will be. That is because it is only a guess of what you believe your proposed needs will be. There is a spot on the bottom of page four at the bottom that page that asks for you say anything additional. It is small and does not provide to say much. Usually if you have to explain things about your circumstances it would be on a declaration attached to whatever you were filing. If you filed an FL300 for support it would normally be explained in the declaration attached to that. You do not necessarily need to mention the potential roommate because you do not know that you are doing it until you have actual done it. Because you do not want to get held to that if for some reason is does not happen. Good luck with your case.

James L. Arrasmith
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Answered

A: You should list the expenses you expect to pay when you begin living independently, even if you currently pay nothing for rent or utilities. If you have an approximate timeframe for leaving your current arrangement, you may reflect those anticipated costs in the proposed needs section. You want to present a realistic picture of what your living situation will look like soon.

You can consider attaching a brief statement or declaration to clarify your present circumstances, including that you pay no rent now because of your current host’s assistance. This added explanation helps to ensure that the court understands that your current expenses are not the same as what you anticipate in the near future. Keep it factual and concise.

When filling out the form, you should account for your future household expenses as if you will be responsible for them. If you expect your partner to share some expenses, you may indicate it, but focus on your personal financial needs first. This approach allows the court to see what level of support is necessary for you to meet your own basic needs.

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