QUESTION
What does clerk cannot accept any discovery for filing mean?
Asked on Sep 30th, 2020 on Child Custody - California
More details to this question:
I filed for divorce and I filed a Fl-300 to request a court hearing. Attachment 10 I included a request for order for child &spousal support, child custody, child visitation and 50% of respondents retirement. It was unable to be process because it states the clerk cannot accept any discovery for filing and it says my motion is incomplete, regarding 50% of retirement. But they kept a copy. What do I do?
1 ANSWER
The clerk was saying that you cannot request 50% of retirement in an FL-300 for court hearing at this time. The retirement is awarded in a final judgment. If you have waiver of court costs, then re-file the FL-300 without the request for retirement funds. If you would have to pay court costs again, then file an Amended FL-300. In any event, do not ask for 50% of retirement in a FL-300 only in the petition for marriage dissolution.
Answered on Oct 06th, 2020 at 11:35 AM