Outline
The California 1292.10 form serves as a vital tool in family law proceedings, specifically designed to facilitate the exchange of information between parties in a divorce or separation case. This form includes a series of interrogatories, which are structured questions that the asking party requires the answering party to respond to under oath. The aim is to gather relevant details regarding personal history, financial assets, debts, and any agreements that may influence the case. Each interrogatory is crafted to elicit specific information, such as income sources, support provided or received, and property valuations. The form also emphasizes the importance of attaching relevant documents, such as tax returns and agreements, to support the answers provided. By outlining clear instructions for both the asking and answering parties, the 1292.10 form ensures that the process remains efficient and equitable, while also preserving the right to assert privileges and objections where necessary. Ultimately, this form plays a crucial role in ensuring that all pertinent information is disclosed, which can significantly impact the outcome of family law cases.
Sample - California 1292 10 Form
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address):
TELEPHONE NO.:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
SHORT TITLE OF CASE:
FORM INTERROGATORIES—Family Law
CASE NUMBER:
Asking Party:
Answering Party:
Set No.:
Sec. 3. Instructions to the Asking Party
Sec. 1. Instructions to Both Parties
Check the box next to each interrogatory you want the
answering party to answer.
These interrogatories are intended to provide for the
exchange of relevant information without unreasonable
expense to the answering party. They do not change existing
law relating to interrogatories nor do they affect the answering
party's right to assert any privilege or make any objection.
Privileges must be asserted.
Sec. 4. Instructions to the Answering Party
You must answer these interrogatories under oath within
30 days, in accordance with Code of Civil Procedure section
2030.
Sec. 2. Definitions
You must furnish all information you have or can
reasonably find out, including all information (not privileged) of
your attorneys or under your control. If you don't know, say so.
Words in BOLDFACE CAPITALS in these interrogatories
are defined as follows:
(a) PERSON includes a natural person, partnership, any
kind of business, legal, or public entity, and its agents or
employees.
If an interrogatory is answered by referring to a document,
the document must be attached as an exhibit to the response
and referred to in the response. If the document has more than
one page, refer to the page and section where the answer can
be found.
(b) DOCUMENT means all written, recorded, or graphic
materials, however stored, produced, or reproduced.
If a document to be attached to the response may also be
attached to the Schedule of Assets and Debts form, the
document should be attached only to the response, and the
form should refer to the response.
(c) ASSET or PROPERTY includes any interest in real
estate or personal property. It includes any interest in a
pension, profit-sharing, or retirement plan.
If an interrogatory cannot be answered completely, answer
as much as you can, state the reason you cannot answer the
rest, and state any information you have about the
unanswered portion.
(d) DEBT means any obligation including debts paid since
the date of separation.
(e) SUPPORT means any benefit or economic contribution
to the living expenses of another person, including gifts.
Sec. 5. Oath
(f) If asked to IDENTIFY A PERSON, give the person's
name, last known residence and business address, telephone
numbers, and company affiliation at the date of the transaction
referred to.
Your answers to these interrogatories must be under oath,
dated, and signed. Use the following form at the end of your
answers:
"I declare under penalty of perjury under the laws of the
State of California that the foregoing answers are true and
correct."
(g) If asked to IDENTIFY A DOCUMENT, attach a copy of
the document unless you explain why not. If you do not attach
the copy, describe the document, including its date and nature,
and give the name, address, telephone number, and
occupation of the person who has the document.
(SIGNATURE)( DATE)
(Continued on reverse)
Form Approved by Rule 1292.10
Judicial Council of California
1292.10 [New July 1, 1990]
FORM INTERROGATORIES
(Family Law)
Code of Civil Procedure, §§ 2030(c), 2033.5
WEST GROUP
Official Publisher
12. Property Valuations. Have you had written
appraisals or offers to purchase during the past 12
months on any of the assets listed on your completed
Schedule of Assets and Debts. If your answer is yes,
IDENTIFY THE DOCUMENT.
1. Personal History. State your full name, current
residence address and work address, social security
number, any other names you have used, and the dates
between which you used each name.
2. Agreements. Are there any agreements between you
and your spouse made before or during your marriage or
after your separation that affect the disposition of
ASSETS, DEBTS, or SUPPORT in this proceeding? If
your answer is yes, for each agreement, state the date
made and whether it was written or oral, and attach a
copy of the agreement or describe its content.
13. Property Held by Others. Is there any PROPERTY
held by any third party in which you have any interest or
over which you have any control? If your answer is yes,
indicate whether the property is shown on the Schedule
of Assets and Debts completed by you. If it is not,
describe and identify each such asset and state its
present value and the basis for your valuation, and
IDENTIFY THE PERSON holding the asset.
3. Legal Actions. Are you a party or do you anticipate
being a party to any legal or administrative proceeding
other than this action? If your answer is yes, state your
role and the name, jurisdiction, case number, and a brief
description of each proceeding.
14. Retirement and Other Benefits. Do you have an
interest in any disability, retirement, profit sharing, or
deferred compensation plan? If your answer is yes,
IDENTIFY each plan and provide the name, address,
and telephone number of the administrator and custodian
of records.
4. Persons Sharing Residence. State the name, age,
and relationship to you of each person at your present
address.
15. Claims of Reimbursement. Do you claim the legal
right to be reimbursed for any expenditures of your
separate or community property? If your answer is yes,
state all supporting facts.
5. Support Provided Others. State the name, age,
address, and relationship to you of each PERSON for
whom you have provided SUPPORT during the past 12
months and the amount provided per month for each.
16. Credits. Do you claim reimbursement credits for
payments of community debts since the date of
separation? If your answer is yes, IDENTIFY the source
of payment, the creditor, the date paid, and the amount
paid. State whether you have added to the debt since the
separation.
6. Support Received for Others. State the name, age,
address, and relationship to you of each PERSON for
whom you have received SUPPORT during the past
twelve months and the amount received per month for
each.
17. Insurance. IDENTIFY each health, life, automobile,
and disability insurance policy or plan that you now own
or that covers you, your children, or your assets. State
the policy type, policy number, and name of company.
IDENTIFY the agent and give the address.
7. Current Income. List all income you received during
the past 12 months, its source, the basis for its
computation, and the total amount received from each.
Attach your last three pay check stubs.
18. Health. Is there any physical or emotional condition
that limits your ability to work? If your answer is yes,
state each fact on which you base your answer.
8. Other Income. During the past three years have you
received cash or other property from any source not
identified in 7? If so, list the source, the date, and the
nature and value of the property.
19. Children's Needs. Do you contend your children
have any special needs? If so, identify the child with the
need, the reason for the need, its cost, and its expected
duration.
9. Tax Returns. Attach copies of all tax returns and
schedules filed by or for you in any jurisdiction for the
past three calendar years.
20. Attorney Fees. State the total amount of attorney
fees and costs incurred by you in this proceeding, the
amount paid, the source of money paid, and describe the
billing arrangements.
10. Schedule of Assets and Debts. Complete the
Schedule of Assets and Debts form served with these
interrogatories.
21. Gifts. List any gifts you have made without the
consent of your spouse in the past 24 months, their
value, and the recipients.
11. Separate Property Contentions. State the facts that
support your contention an asset or debt is separate
property.
FORM INTERROGATORIES
(Family Law)
Page two
1292.10 [New July 1, 1990]
WEST GROUP
Official Publisher
Form Information
| Fact Name | Description |
|---|---|
| Form Purpose | The California 1292.10 form is designed for the exchange of relevant information in family law cases. |
| Governing Law | This form is governed by the California Code of Civil Procedure, specifically sections 2030(c) and 2033.5. |
| Instructions for Answering | The answering party must respond under oath within 30 days of receiving the interrogatories. |
| Definition of Terms | Key terms like "PERSON," "DOCUMENT," and "ASSET" are defined to clarify their meanings in the context of the form. |
| Privilege Assertion | The answering party retains the right to assert privileges and objections when responding to interrogatories. |
| Oath Requirement | Answers must be sworn, dated, and signed, affirming their truthfulness under penalty of perjury. |
| Attachment of Documents | If a response references a document, a copy must be attached, or a detailed description provided if not attached. |
Detailed Guide for Filling Out California 1292 10
Filling out the California 1292 10 form is an important step in the legal process, particularly in family law cases. After completing the form, it will need to be submitted according to the court's requirements. Ensure that all necessary information is accurate and complete to avoid delays in your case.
- Gather Required Information: Collect all personal details, including your full name, current residence address, work address, and social security number. Make sure to have any other names you have used and the dates during which you used them.
- Identify Agreements: Determine if there are any agreements related to assets, debts, or support that were made before or during your marriage or after separation. Note the date of each agreement and whether it was written or oral. Attach copies or describe their content.
- Legal Actions: If you are involved in any other legal or administrative proceedings, list your role, the name of the case, jurisdiction, case number, and a brief description of each proceeding.
- List Household Members: Provide the name, age, and relationship to you of each person living at your current address.
- Document Support Provided: State the name, age, address, and relationship of each person you have supported in the past 12 months, along with the monthly amount provided for each.
- Document Support Received: Similarly, list the name, age, address, and relationship of each person who has provided you support in the past 12 months, along with the monthly amount received for each.
- Current Income: List all income received in the past year, including the source and total amount. Attach your last three paycheck stubs as evidence.
- Other Income: If you received any cash or property not listed in your income, describe the source, date, nature, and value of that property.
- Tax Returns: Attach copies of all tax returns and schedules filed for the past three years.
- Complete Asset Schedule: Fill out the Schedule of Assets and Debts form that accompanies the interrogatories.
- Separate Property Claims: State the facts supporting any claims that an asset or debt is separate property.
- Property Valuations: If you have appraisals or offers to purchase for any assets listed, identify the document.
- Property Held by Others: Identify any property held by third parties in which you have an interest, and provide details regarding its present value.
- Retirement and Benefits: If you have interests in any retirement or disability plans, identify each plan and provide contact information for the administrator.
- Claims of Reimbursement: If you are claiming reimbursement for expenditures of property, state all supporting facts.
- Credits: Identify any reimbursement credits for community debts paid since separation, including details of the payments.
- Insurance Policies: List each insurance policy you own or that covers you, your children, or your assets, including policy numbers and agent information.
- Health Conditions: If applicable, describe any physical or emotional conditions that limit your ability to work.
- Children's Needs: If your children have special needs, identify the child, the reason for the need, its cost, and its expected duration.
- Attorney Fees: State the total amount of attorney fees and costs incurred, the amount paid, the source of payment, and describe billing arrangements.
- Gifts: List any gifts made without your spouse's consent in the past 24 months, their value, and the recipients.
Once you have filled out the form, ensure that your answers are signed and dated under oath. This declaration is crucial as it affirms the truthfulness of your responses, and it is a legal requirement for the form's validity.
Obtain Answers on California 1292 10
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What is the purpose of the California 1292.10 form?
The California 1292.10 form is designed to facilitate the exchange of important information between parties involved in family law cases. This form includes a series of questions, known as interrogatories, that each party must answer. The aim is to gather relevant details without placing an unreasonable burden on the answering party.
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Who needs to fill out this form?
Both parties involved in a family law case are required to complete the California 1292.10 form. The asking party initiates the process by selecting which interrogatories they want the other party to answer. The answering party must then respond to those selected questions within a specified timeframe.
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What is the timeframe for responding to the interrogatories?
The answering party must respond to the interrogatories within 30 days of receiving the form. This response must be made under oath, ensuring that the information provided is truthful and accurate. If the answering party is unable to answer a question fully, they should provide as much information as they can and explain why the rest cannot be answered.
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What types of information are requested in the form?
The form requests a variety of information, including:
- Personal history, such as names and addresses
- Details about agreements related to assets, debts, or support
- Information on any legal actions involving the parties
- Current income and any additional sources of income
- Assets and debts
- Insurance policies
- Children's needs
This comprehensive approach ensures that all relevant financial and personal details are disclosed.
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What happens if a party does not respond in time?
If the answering party fails to respond within the 30-day period, they may face legal consequences. The asking party could file a motion to compel a response, which may lead to court sanctions. Timely responses are crucial to ensure the case proceeds smoothly.
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Can a party refuse to answer certain questions?
Yes, a party can refuse to answer questions that are privileged or irrelevant. However, they must assert these privileges clearly. If a question cannot be answered completely, the answering party should provide as much information as possible and explain the reasons for any incomplete answers.
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What should be done if a document is referenced in the answers?
If an interrogatory is answered by referring to a document, that document must be attached as an exhibit to the response. The answering party should clearly indicate where the relevant information can be found within the document, especially if it spans multiple pages. This ensures clarity and facilitates the review process.
Common mistakes
Filling out the California 1292.10 form can feel overwhelming, especially when it comes to providing accurate and complete information. One common mistake is failing to answer all the interrogatories. Each question is designed to gather specific information that may be crucial for your case. If you skip questions or provide incomplete answers, it could lead to delays or even complications in your legal proceedings.
Another frequent error involves not attaching necessary documents. When the form requests that you provide copies of documents, such as tax returns or agreements, it’s essential to include them. If you refer to a document in your answers but don’t attach it, your response may be considered inadequate. This could undermine your credibility and affect the outcome of your case.
Many individuals also overlook the importance of being thorough in their descriptions. For instance, when asked to identify a person or document, vague responses can create confusion. Instead of simply stating a name or mentioning a document, provide detailed information, such as addresses, relationships, and the nature of the document. This clarity helps the other party understand your answers and reduces the likelihood of follow-up questions.
Lastly, some people forget to sign and date their responses. This might seem like a small detail, but it’s a critical step. Your answers must be under oath, declaring that they are true and correct. Without a signature and date, your responses may not be considered valid, potentially jeopardizing your case. Always double-check that you’ve completed every section, including the oath at the end of the form.
Documents used along the form
The California 1292 10 form is a crucial document in family law cases, particularly for gathering information related to assets, debts, and support. However, it is often accompanied by other forms and documents that serve various purposes in the legal process. Understanding these additional documents can help parties navigate their cases more effectively. Below is a list of common forms and documents that are frequently used alongside the California 1292 10 form.
- Schedule of Assets and Debts: This form requires individuals to list all assets and debts, providing a comprehensive overview of their financial situation. It is essential for determining the division of property during divorce proceedings.
- Declaration of Disclosure: This document ensures that both parties fully disclose their financial information. It includes details about income, expenses, assets, and debts, promoting transparency in the divorce process.
- Income and Expense Declaration: This form is used to outline an individual's monthly income and expenses. It is particularly important for determining child support or spousal support obligations.
- Request for Order: This document allows a party to request specific orders from the court, such as temporary custody, support, or other relief during the divorce process.
- Proof of Service: This form confirms that legal documents have been properly delivered to the other party. It is crucial for ensuring that all parties are informed of proceedings and actions taken.
- Judgment: The final judgment outlines the court's decisions regarding the divorce, including asset division, support, and custody arrangements. It is the official conclusion of the case.
- Notice of Motion: This document is used to inform the court and the other party about a motion that will be presented. It is important for scheduling hearings and ensuring all parties are aware of upcoming court dates.
- Child Custody Evaluation: In cases involving children, this evaluation assesses the best interests of the child and provides recommendations regarding custody arrangements.
- Marital Settlement Agreement: This is a written agreement between the parties that outlines the terms of their divorce, including asset division, support, and custody. It is often submitted to the court for approval.
- Financial Affidavit: This document provides a detailed account of an individual's financial situation, including income, expenses, assets, and liabilities. It is often required for support calculations.
Each of these documents plays a vital role in the family law process, helping to ensure that all relevant information is disclosed and considered. Being familiar with these forms can significantly impact the outcome of a case, making it essential for individuals involved in family law matters to understand their purpose and importance.
Similar forms
The California 1292.10 form is a set of interrogatories used in family law cases to facilitate the exchange of information between parties. Several other legal documents serve similar purposes in various contexts. Below is a list of nine documents that share characteristics with the California 1292.10 form, along with a brief explanation of their similarities.
- Form Interrogatories (General Civil): Like the California 1292.10 form, these interrogatories are designed to elicit information from the opposing party in civil litigation, ensuring that both sides have access to relevant details without excessive burden.
- Request for Production of Documents: This document allows a party to request specific documents from the opposing party, similar to how the 1292.10 form requires the answering party to attach relevant documents to their responses.
- Requests for Admission: This document seeks to establish certain facts as true, paralleling the California 1292.10 form's aim of clarifying positions and gathering information to streamline the case.
- Deposition Notices: A deposition notice informs a party of an upcoming deposition, allowing for the collection of testimony under oath, akin to the sworn answers required by the 1292.10 form.
- Financial Disclosure Forms: These forms are often used in divorce proceedings to disclose financial information, similar to the asset and debt disclosures required by the California 1292.10 form.
- Case Information Statements: These statements provide a summary of the case and the parties' financial situations, much like the California 1292.10 form aims to summarize pertinent information relevant to family law matters.
- Child Support Worksheets: These worksheets are used to calculate child support obligations and require financial disclosures, paralleling the financial inquiries found in the California 1292.10 form.
- Marital Settlement Agreements: These agreements outline the terms of a divorce, including asset division and support, similar to the agreements referenced in the California 1292.10 form.
- Affidavits of Support: These legal documents require a party to provide sworn statements regarding financial support, akin to the sworn responses demanded by the California 1292.10 form.
Dos and Don'ts
When filling out the California 1292.10 form, it's essential to approach the task with care and attention to detail. Here are nine things to keep in mind—both what to do and what to avoid.
- Do read the instructions thoroughly before starting. Understanding what is required will help ensure accuracy.
- Do provide complete and honest answers. Incomplete or misleading information can lead to complications later.
- Do attach any required documents as specified. This includes agreements, tax returns, and other supporting materials.
- Do answer each question under oath. Your signature confirms the truthfulness of your responses.
- Do keep a copy of the completed form for your records. This will be helpful for future reference.
- Don't ignore the deadlines. You must submit your answers within 30 days to comply with legal requirements.
- Don't provide privileged information. If you believe a question touches on a privilege, assert it clearly.
- Don't skip questions. If you cannot answer a question completely, provide as much information as you can and explain why.
- Don't forget to check for accuracy before submission. Mistakes can lead to unnecessary delays or legal issues.
Misconceptions
Misconceptions about the California 1292.10 form can lead to confusion for those involved in family law proceedings. Here are seven common misunderstandings:
- The form is optional. Some people believe that completing the California 1292.10 form is not mandatory. However, this form is essential for exchanging information in family law cases and must be completed as required by the court.
- All questions must be answered. It is a common misconception that every question on the form must be answered fully. If a party cannot answer a question completely, they should provide as much information as possible and explain why the rest cannot be answered.
- The form only pertains to financial matters. While the form does focus on assets, debts, and support, it also addresses personal history and legal actions. This broader scope means that all relevant information must be disclosed.
- Responses can be vague. Some individuals think they can provide vague answers. In reality, responses should be clear and detailed, ensuring that the other party understands the information provided.
- There are no consequences for not responding. Failing to respond to the form can lead to serious repercussions. The court may impose penalties, including fines or unfavorable judgments, for not complying with the requirements.
- Documents do not need to be attached. Many believe that they can simply reference documents without attaching them. However, if a question requires a document, it must be attached to the response, or a detailed description must be provided.
- The form can be filled out casually. Some individuals think they can fill out the form without serious attention. It is crucial to complete the form under oath, ensuring that all information is accurate and truthful, as it may be used in court.
Key takeaways
Here are some important points to keep in mind when filling out and using the California 1292.10 form:
- Purpose of the Form: This form is designed for the exchange of information between parties in family law cases. It helps to gather relevant details without causing undue burden on the responding party.
- Timeframe for Responses: The answering party must respond to the interrogatories within 30 days. This response should be made under oath, ensuring that the information provided is accurate.
- Completeness of Answers: Respondents should provide all information they can reasonably obtain. If a question cannot be fully answered, they should explain why and provide any available information.
- Attachments Required: If a question refers to a document, that document must be attached to the response. If it is too lengthy, indicate where the answer can be found within the document.
- Identification of Persons and Documents: When asked to identify a person or document, specific details such as name, address, and relationship must be provided to ensure clarity.
- Legal Obligations: Parties must assert any privileges and may object to certain questions. However, it’s essential to communicate these objections clearly and in accordance with legal guidelines.