Statutes Flashcards
FC 217
Live testimony at hearing
FC 218
Reopen discovery post-judgment
FC 270
AF - Court must determine whether a party has, or is reasonably likely to have, the ability to pay
FC 271
AF- Conduct based fees or costs
FC 290
Enforcement of Judgment or Order via
- Execution
- Receiver
- Contempt
- Or any other order in TC discretion as necessary
FC 721
Fiduciary Relationship between H and W
- “confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse”
- 16403, 16404, and 16503 of CC Code
- Access to books
- Accounting
- Hold as trustee any benefit recieved
FC 755
Notice of Interest in Employee retirement plan
FC 760
CP - Definition
FC 770
SP - Definition
FC 771
SP - Post DOS
FC 852
Transmutation is not valid unless made in writing by an express declaration by the spouse whose interest in the property is adversely affected
- Post 1/1/85
FC 910
CP liability for debt of either spouse
FC 920
Right of reimbursement
FC 915
Liability for support debt of prior family
FC 916
Liability after property division
FC 1100
Fiduciary duty re community personal property
FC 1101
Remedies for Breach of Fiduciary Duty
FC 1102
Management and Control of CP Real Property
FC 2010
Jurisdiction of the disso court
FC 2021
Authority for Joining Pensions
FC 2022
Eavesdropping evidence
FC 2024.6
Sealing of records ID’ing assets and liabilities
FC 2030
Pendente lite AF&C
FC 2032
Factors re just and reasonable fee award
FC 2033
FLARPL
- 15 days notice
FC 2034
Objections to FLARPL
FC 2045
Ex Parte Order
- RE: CP, SP, QCP
- DVRO
FC 2060
Procedure re joinder of pension plan
FC 2100
Policy re disclosure of assets and liabilities
FC 2102
FD from DOS to Date of Distribution
- Full, accurate disclosure
- Investment opportunity
-
FC 2104
Preliminary Declaration of Disclosure
- 60 Days
FC 2105
Final Declaration of Disclosure
- No later than 45 days before the 1st trial date
FC 2108
Authority to liquidate CP assets pendent lite
FC 2122
Set aside FL Judgment One year -Actual fraud - Perjury - Duress - Mistake Two (2) years - Mental incapacity
FC 2320
Disso/legal separation residency requirement
FC 2336
Proof required for default
FC 2337
Bifurcation conditions
FC 2346
Nunc pro tune entry of judgment
FC 2550
Equal division of CP
FC 2552
Valuation Date
- Time of trial unless good cause shown for period after separation to equalize division of CP
FC 2556
Post-J Jx to distribute omitted asset
FC 2580
Legislative intent re jointly held property
FC 2581
Presumption that jointly held property is CP
FC 2601
Award of asset to one party
FC 2603.5
Enforcement of civil damages against CP for DV
FC 2610
Retirement plan benefits division
FC 2640
Reimbursement of SP contributions
FC 2641
Reimbursement of CP contributions to education
FC 2650
Authority to divide jointly held SP
FC 3011
CBI Factors
Health, safety, welfare of the child; any history of abuse and the nature and amount of contact with both parents
FC 3020
Policy re frequent and continuing contact with both parents
FC 3027.1
Sanctions for false child abuse accusation
FC 3040
Order of preference when granting custody
FC 3041.5
Drug/alcohol testing in custody proceedings
FC 3042
Child’s preference