When filing a Request For Order (RFO), be aware of Civil Code of Procedure §1005 requirements. This code requires that the motion be filed and served (you can serve prior to obtaining a conformed copy stamp) at least 16 COURT days before the hearing. The papers you serve must be the same as what you file with the court (meaning you must include any attachments filed). All papers opposing a motion, such as a Response, require at least 9 COURT days prior to the hearing. A reply to the Response must be served and filed at least 5 COURT days prior to the hearing.
BEWARE: The above notice requirements apply only to personal service of the papers. A post-judgment filing for issues of custody, visitation or child support require an address verification (form FL-334 – see Family Code §215). See below for time to be added, depending on method of service. Also notice that the above requirements are in Court days, and the additional periods are counted in Calendar days. Court days mean that no weekends or holidays count as a day of notice, and you do not include the date served (the next day counts as day one) or the day of the hearing.
OTHER THAN PERSONAL SERVICE - If you mail the RFO, you must add 5 CALENDAR days to the notice requirement if mailed within the state of California. Different rules apply for service outside of California. If you serve by facsimile, express mail, or other method providing overnight delivery, you would need to add 2 CALENDAR days to the notice period.
A man came into our office asking for our help with a case that had been lingering on for 4.5 years! He just wanted it over with, but the continuances and lack of cooperation had thrown his case into a black hole. Two months after hiring our firm, the case was done - and with the result he wanted! Our office receives great satisfaction helping to move people on from being stuck in the combative role on to a happier life.
We managed to save a client from financial ruin recently. His ex wife had an old pendente lite support order from 12 years ago that was obtained during a divorce. The couple reconciled for a little more than a year, then decided to finish the divorce. No new orders were issued when the divorce was finalized. That old order provided that my client to pay $5,000 per month!
My client lost his job during the reconciliation, and never paid this amount. Fast forward to this year, now ex tries to register the order here, stating he owes her arrears of $600,000, plus 10% interest every year since 2000 - around $1,000,000!
We were successful in proving that a reconciliation occurred and provided case law to the court that indicated that the order had been vacated because the parties had reconciled. Her motion was denied, and my client is extremely happy!