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CA DIVORCE: i filed divorce default papers with court and my…

CA DIVORCE: i filed divorce...
CA DIVORCE: i filed divorce default papers with court and my forms were returned stating its a 'unfiled 2336 judgment' I'm confused with this on form FL-180, paperwork Item 2 states that instead of filing " Default or uncontested' (box I checked on form) they state The proceeding was heard "By declaration under Family code 2336" why is this and what is court asking me for??? What does 2336 mean and what new papers should I file?? I have given them my FL-150, FL-160, FL- everything, is there is something I am not understanding?? Do I need to submit all forms again??? Help!!
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Answered in 7 minutes by:
11/2/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,003
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 6 months ago
Ok, please advise and thank you.
Customer reply replied 6 months ago
oh, court only returned FL-180, FL343, FL-345, but not the FL-160 or FL-150, do these have to be re-filed???

I would resubmit all I 'm reading here , give me minute

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In paragraph 2, check the box that indicates that your case has defaulted or is uncontested – it’s the same box for both.

Instruction for each line for FL-180.

https://legalbeagle.com/8384612-instructions-default-fl180-dissolution.html

Read instructions for each of these documents I understand it is tedious.

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California Family Code Section 2336

2336. (a) No judgment of dissolution or of legal separation of the parties may be granted upon the default of one of the parties or upon a statement or finding of fact made by a referee; but the court shall, in addition to the statement or finding of the referee, require proof of the grounds alleged, and the proof, if not taken before the court, shall be by affidavit. In all cases where there are minor children of the parties, each affidavit or offer of proof shall include an estimate by the declarant or affiant of the monthly gross income of each party. If the declarant or affiant has no knowledge of the estimated monthly income of a party, the declarant or affiant shall state why he or she has no knowledge. In all cases where there is a community estate, each affidavit or offer of proof shall include an estimate of the value of the assets and the debts the declarant or affiant proposes to be distributed to each party, unless the declarant or affiant has filed, or concurrently files, a complete and accurate property declaration with the court.

(b) If the proof is by affidavit, the personal appearance of the affiant is required only when it appears to the court that any of the following circumstances exist:

(1) Reconciliation of the parties is reasonably possible.

(2) A proposed child custody order is not in the best interest of the child.

(3) A proposed child support order is less than a noncustodial parent is capable of paying.

(4) A personal appearance of a party or interested person would be in the best interests of justice.

(c) An affidavit submitted pursuant to this section shall contain a stipulation by the affiant that the affiant understands that proof will be by affidavit and that the affiant will not appear before the court unless so ordered by the court.

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Rule 5.409. Default and uncontested judgment hearings on judgments submitted on the basis of declarations under Family Code section 2336

The decision to hold a hearing in a case in which a judgment has been submitted on the basis of a declaration under Family Code section 2336 should be made on a case-by-case basis at the discretion of the court or request of a party. Courts must allow judgments in default and uncontested cases to be submitted by declaration pursuant to section 2336 and must not require that a hearing be conducted in all such cases.

Unless the court finds a need for 2336 you would not check it..

Thanks and thanks for rating 5 stars.

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Customer reply replied 6 months ago
i checked box as a default received back from court courthouse checked 2336 box ( saying UNFILED 2336 judgement) , so what they want is financial proff or is there a form can i use alike a declaration in lieu of proff in a default???

You would not check 2236 here... In paragraph 2, check the box that indicates that your case has defaulted or is uncontested – it’s the same box for both.Don't check 2236 thats why it came back.

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Customer reply replied 6 months ago
l didn't mark 2336, they did? also can i file an abstract of judgement??

You can file an abstract of judgment.If they marked 2336 they must have determined it applied.Thanks for clarifying.I t is not unusual you have to resubmit these and sometimes multiple times.They are not helpful at all.

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Category: Family Law
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Customer reply replied 6 months ago
thank you again Ray!!!

Have a good evening.

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