SENATE BILL NO. 372
INTRODUCED BY M. HALLIGAN
AN ACT REVISING CERTAIN LAWS RELATING TO TERMINATION OF MARRIAGE, SEPARATION, AND CHILD CUSTODY; PROVIDING THAT FEES FOR FILING AN AMENDMENT TO FINAL PARENTING PLANS MAY NOT BE COLLECTED IF THE AMENDMENT IS NOT CONTESTED; PROVIDING THAT THE CLERK OF COURT NEED NOT KEEP SOCIAL SECURITY NUMBERS CONFIDENTIAL, UNLESS REQUESTED; PROVIDING THAT PARENTING PLANS BE KEPT CONFIDENTIAL ONLY UPON REQUEST; REVISING ASSET CRITERIA FOR SUMMARY DISSOLUTION PROCEDURES; ALLOWING PARTIES TO WAIVE EXCHANGE OF PRELIMINARY DISCLOSURE STATEMENTS; AMENDING SECTIONS 25-1-201, 40-4-105, 40-4-130, 40-4-204, 40-4-234, AND 40-4-252, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 25-1-201, MCA, is amended to read:
"25-1-201. (Temporary) Fees of clerk of district court. (1) The clerk of the district court shall collect the following fees:
(a) at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff
or petitioner, $80; for filing a complaint in intervention, from the intervenor, $80; for filing a petition for dissolution of
marriage, a fee of $150; for filing a petition for legal separation, a fee of $150; and for filing a petition for a contested
amendment of a final parenting plan, a fee of $120;
(b) from each defendant or respondent, on appearance, $60;
(c) on the entry of judgment, from the prevailing party, $45;
(d) for preparing copies of papers on file in the clerk's office, 50 cents a page for the first five pages of each file, for each request, and 25 cents for each additional page;
(e) for each certificate, with seal, $2;
(f) for oath and jurat, with seal, $1;
(g) for a search of court records, 50 cents for each year searched, not to exceed a total of $25;
(h) for filing and docketing a transcript of judgment or transcript of the docket from all other courts, the fee for entry of judgment provided for in subsection (1)(c);
(i) for issuing an execution or order of sale on a foreclosure of a lien, $5;
(j) for transmission of records or files or transfer of a case to another court, $5;
(k) for filing and entering papers received by transfer from other courts, $10;
(l) for issuing a marriage license, $30;
(m) on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative or the filing of a petition for the appointment of a guardian or conservator, from the applicant or petitioner, $70, which includes the fee for filing a will for probate;
(n) on the filing of the items required in 72-4-303 by a domiciliary foreign personal representative of the estate of a nonresident decedent, $55;
(o) for filing a declaration of marriage without solemnization, $30;
(p) for filing a motion for substitution of a judge, $100;
(q) for filing a petition for adoption, $75.
(2) Except as provided in subsections (3) through (10), 32% of all fees collected by the clerk of the district court must be deposited in and credited to the district court fund. If no district court fund exists, that portion of the fees must be deposited in the general fund for district court operations. The remaining portion of the fees must be remitted to the state general fund.
(3) In the case of a fee collected for issuing a marriage license or filing a declaration of marriage without solemnization, $23.60 must be deposited in and credited to the state general fund and $6.40 must be deposited in and credited to the county general fund.
(4) Of the fee for filing a petition for dissolution of marriage or legal separation, $75 must be deposited in the state general fund, $5 must be deposited in the children's trust fund account established by 41-3-702, $30 must be deposited in the partner and family member assault intervention and treatment fund established by 40-15-110, and $20 must be deposited in and credited to the district court fund. If no district court fund exists, the $20 must be deposited in the general fund for district court operations.
(5) (a) Before the percentages contained in subsection (2) are applied and the fees deposited in the district court fund or the county general fund or remitted to the state, the clerk of the district court shall deduct from the following fees the amounts indicated:
(i) at the commencement of each action or proceeding and for filing a complaint in intervention, as provided in subsection (1)(a), $35;
(ii) from each defendant or respondent, on appearance, as provided in subsection (1)(b), $25;
(iii) on the entry of judgment, as provided in subsection (1)(c), $15; and
(iv) from the applicant or petitioner, on the filing of an application for probate or for the appointment of a personal representative or on the filing of a petition for appointment of a guardian or conservator, as provided in subsection (1)(m), $15.
(b) The clerk of the district court shall deposit the money deducted in subsection (5)(a) in the county general fund for district court operations unless the county has a district court fund. If the county has a district court fund, the money must be deposited in that fund.
(6) The fee for filing a motion for substitution of a judge, as provided in subsection (1)(p), must be remitted to the state general fund.
(7) Fees collected under subsections (1)(d) through (1)(i) must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations.
(8) The clerk of the district court shall remit to the credit of the state general fund $20 of each fee collected under the provisions of subsections (1)(a) through (1)(c), (1)(m), and (1)(n) to fund a portion of judicial salaries.
(9) (a) The fee for filing a petition for a contested amendment of a parenting plan must be remitted by the clerk of the district court to the credit of the district court to defray the costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and to defray the expense of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a).
(b) If the moving party files a statement signed by the nonmoving party agreeing not to contest an amendment of a final parenting plan at the time the petition for amendment is filed, the clerk of the district court may not collect from the moving party the fee for filing a petition for a contested amendment of a parenting plan under subsection (1)(a).
(10) The clerk of district court shall remit to the credit of the special revenue account established in 42-2-105 $70 of the filing fee required in subsection (1)(q), and $5 of the filing fee must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations. (Terminates June 30, 1999--sec. 14, Ch. 484, L. 1997.)
25-1-201. (Effective July 1, 1999) Fees of clerk of district court. (1) The clerk of the district court shall collect the following fees:
(a) at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff
or petitioner, $80; for filing a complaint in intervention, from the intervenor, $80; for filing a petition for dissolution of
marriage, a fee of $120; for filing a petition for legal separation, a fee of $120; and for filing a petition for a contested
amendment of a final parenting plan, a fee of $120;
(b) from each defendant or respondent, on appearance, $60;
(c) on the entry of judgment, from the prevailing party, $45;
(d) for preparing copies of papers on file in the clerk's office, 50 cents a page for the first five pages of each file, for each request, and 25 cents for each additional page;
(e) for each certificate, with seal, $2;
(f) for oath and jurat, with seal, $1;
(g) for a search of court records, 50 cents for each year searched, not to exceed a total of $25;
(h) for filing and docketing a transcript of judgment or transcript of the docket from all other courts, the fee for entry of judgment provided for in subsection (1)(c);
(i) for issuing an execution or order of sale on a foreclosure of a lien, $5;
(j) for transmission of records or files or transfer of a case to another court, $5;
(k) for filing and entering papers received by transfer from other courts, $10;
(l) for issuing a marriage license, $30;
(m) on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative or the filing of a petition for the appointment of a guardian or conservator, from the applicant or petitioner, $70, which includes the fee for filing a will for probate;
(n) on the filing of the items required in 72-4-303 by a domiciliary foreign personal representative of the estate of a nonresident decedent, $55;
(o) for filing a declaration of marriage without solemnization, $30;
(p) for filing a motion for substitution of a judge, $100;
(q) for filing a petition for adoption, $75.
(2) Except as provided in subsections (3) through (10), 32% of all fees collected by the clerk of the district court must be deposited in and credited to the district court fund. If no district court fund exists, that portion of the fees must be deposited in the general fund for district court operations. The remaining portion of the fees must be remitted to the state general fund.
(3) In the case of a fee collected for issuing a marriage license or filing a declaration of marriage without solemnization, $23.60 must be deposited in and credited to the state general fund and $6.40 must be deposited in and credited to the county general fund.
(4) Of the fee for filing a petition for dissolution of marriage or legal separation, $75 must be deposited in the state general fund, $5 must be deposited in the children's trust fund account established by 41-3-702, and $20 must be deposited in and credited to the district court fund. If no district court fund exists, the $20 must be deposited in the general fund for district court operations.
(5) (a) Before the percentages contained in subsection (2) are applied and the fees deposited in the district court fund or the county general fund or remitted to the state, the clerk of the district court shall deduct from the following fees the amounts indicated:
(i) at the commencement of each action or proceeding and for filing a complaint in intervention, as provided in subsection (1)(a), $35;
(ii) from each defendant or respondent, on appearance, as provided in subsection (1)(b), $25;
(iii) on the entry of judgment, as provided in subsection (1)(c), $15; and
(iv) from the applicant or petitioner, on the filing of an application for probate or for the appointment of a personal representative or on the filing of a petition for appointment of a guardian or conservator, as provided in subsection (1)(m), $15.
(b) The clerk of the district court shall deposit the money deducted in subsection (5)(a) in the county general fund for district court operations unless the county has a district court fund. If the county has a district court fund, the money must be deposited in that fund.
(6) The fee for filing a motion for substitution of a judge, as provided in subsection (1)(p), must be remitted to the state general fund.
(7) Fees collected under subsections (1)(d) through (1)(i) must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations.
(8) The clerk of the district court shall remit to the credit of the state general fund $20 of each fee collected under the provisions of subsections (1)(a) through (1)(c), (1)(m), and (1)(n) to fund a portion of judicial salaries.
(9) (a) The fee for filing a petition for a contested amendment of a parenting plan must be remitted by the clerk of the district court to the credit of the district court to defray the costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and to defray the expense of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a).
(b) If the moving party files a statement signed by the nonmoving party agreeing not to contest an amendment of a final parenting plan at the time the petition for amendment is filed, the clerk of the district court may not collect from the moving party the fee for filing a petition for a contested amendment of a parenting plan under subsection (1)(a).
(10) The clerk of district court shall remit to the credit of the special revenue account established in 42-2-105 $70 of the filing fee required in subsection (1)(q), and $5 of the filing fee must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations."
Section 2. Section 40-4-105, MCA, is amended to read:
"40-4-105. (Bracketed language terminates on occurrence of contingency or July 1, 1999) Procedure -- commencement -- pleadings -- abolition of existing defenses. (1) The verified petition in a proceeding for dissolution of marriage or legal separation must allege that the marriage is irretrievably broken and must set forth:
(a) the age, occupation, and residence of each party and the party's length of residence in this state;
(b) the date of the marriage and the place at which it was registered;
(c) that the jurisdictional requirements of 40-4-104 exist and that the marriage is irretrievably broken in that either:
(i) the parties have lived separate and apart for a period of more than 180 days preceding the commencement of this proceeding; or
(ii) there is serious marital discord that adversely affects the attitude of one or both of the parties towards the marriage, and there is no reasonable prospect of reconciliation;
(d) the names, ages, and addresses of all living children of the marriage and whether the wife is pregnant;
(e) any arrangements as to support of the children and maintenance of a spouse;
(f) a proposed parenting plan, if applicable; and
(g) the relief sought.
(2) Either or both parties to the marriage may initiate the proceeding.
(3) If a proceeding is commenced by one of the parties, the other party must be served in the manner provided by the Montana Rules of Civil Procedure and may within 20 days after the date of service file a verified response. A decree may not be entered until 20 days after the date of service.
(4) Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished.
(5) The court may join additional parties proper for the exercise of its authority to implement this chapter.
[(6) The social security number, if known, of a person subject to a decree of dissolution or a support order must be
recorded in the records relating to the matter. The At the request of a person subject to a decree of dissolution or a support
order, the recordkeeper shall keep the social security number from this source confidential, except that the number may be
provided to the department of public health and human services for use in administering Title IV-D of the Social Security
Act.] (Bracketed language terminates on occurrence of contingency or July 1, 1999--sec. 104, Ch. 552, L. 1997.)"
Section 3. Section 40-4-130, MCA, is amended to read:
"40-4-130. Summary dissolution -- conditions necessary at commencement of proceedings. A marriage may be dissolved by the summary dissolution procedure specified in 40-4-130 through 40-4-136 if all of the following conditions exist on the date the proceeding is commenced:
(1) Each party has met the requirements of 40-4-104 with regard to dissolution of marriage.
(2) Irreconcilable differences have caused the irretrievable breakdown of the marriage, and both parties agree that the marriage should be dissolved.
(3) There are no children from the relationship born before or during the marriage or adopted by the parties during the
marriage, and the wife is not pregnant.
(3) The wife is not pregnant and:
(a) there are no children from the relationship born before or during the marriage or adopted by the parties during the marriage; or
(b) the parties have executed an agreed-upon parenting plan and the child support and medical support have been determined by judicial or administrative order for all children from the relationship born before or during the marriage or adopted by the parties during the marriage.
(4) (a) Except as provided in subsection (4)(b), neither party has any interest in real property.
(b) The limitation of subsection (4)(a) does not apply to the lease of a residence occupied by either party if the lease does not include an option to purchase and if it terminates within 1 year from the date of the filing of the petition.
(5) There are no unpaid, unsecured obligations in excess of $4,000 $8,000 incurred by either or both of the parties after
the date of their marriage, excluding the amount of any unpaid obligations with respect to a motor vehicle with a rated
carrying load in persons and property of 1 ton or less.
(6) The total fair market value of property assets, excluding all encumbrances and motor vehicles with a rated carrying
load in persons and property of 1 ton or less secured obligations, is less than $13,000 $25,000, and neither party has
separate property assets in excess of $13,000, excluding all encumbrances and motor vehicles with a rated carrying load in
persons and property of 1 ton or less.
(7) The parties have executed an agreement setting forth the division of assets and the assumption of liabilities and have
duly executed any documents, title certificates, bills of sale, or other evidence of transfer necessary to effectuate the
agreement.
(8) The parties waive any right to maintenance.
(9) The parties, upon entry of final judgment of dissolution of marriage, irrevocably waive their respective rights to appeal the terms of the dissolution and their rights to move for a new trial on the dissolution.
(10) The parties have read and state that they understand the contents of the summary dissolution brochure provided for in 40-4-136.
(11) The parties desire that the court dissolve the marriage."
Section 4. Section 40-4-204, MCA, is amended to read:
"40-4-204. (Bracketed language terminates on occurrence of contingency or July 1, 1999) Child support -- orders
to address health insurance -- withholding of child support. (1) In a proceeding for dissolution of marriage, legal
separation, maintenance, or child support, the court shall order either or both parents owing a duty of support to a child to
pay an amount reasonable or necessary for the child's support, without regard to marital misconduct.
(2) The court shall consider all relevant factors, including:
(a) the financial resources of the child;
(b) the financial resources of the parents;
(c) the standard of living that the child would have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of the child and the child's educational and medical needs;
(e) the age of the child;
(f) the cost of day care for the child;
(g) any parenting plan that is ordered or decided upon; and
(h) the needs of any person, other than the child, whom either parent is legally obligated to support.
(3) (a) Whenever a court issues or modifies an order concerning child support, the court shall determine the child support obligation by applying the standards in this section and the uniform child support guidelines adopted by the department of public health and human services pursuant to 40-5-209. The guidelines must be used in all cases, including cases in which the order is entered upon the default of a party and those in which the parties have entered into an agreement regarding the support amount. A verified representation of the defaulting parent's income, based on the best information available, may be used when a parent fails to provide financial information for use in applying the guidelines. The amount determined under the guidelines is presumed to be an adequate and reasonable support award, unless the court finds by clear and convincing evidence that the application of the standards and guidelines is unjust to the child or to any of the parties or that it is inappropriate in that particular case.
(b) If the court finds that the guideline amount is unjust or inappropriate in a particular case, it shall state its reasons for that finding. Similar reasons must also be stated in a case in which the parties have agreed to a support amount that varies from the guideline amount. Findings that rebut and vary the guideline amount must include a statement of the amount of support that would have ordinarily been ordered under the guidelines.
(c) If the court does not order a parent owing a duty of support to a child to pay any amount for the child's support, the court shall state its reasons for not ordering child support.
(d) Child support obligations established under this section are subject to the registration and processing provisions of chapter 5, part 9.
(4) Each temporary or final district court judgment, decree, or order establishing a child support obligation under this title and each modification of a final order for child support must include a medical support order as provided for in Title 40, chapter 5, part 8.
(5) (a) Unless the court makes a written exception under 40-5-315 or 40-5-411 and the exception is included in the support order, a support obligation established by judgment, decree, or order under this section, whether temporary or final, and each modification of an existing support obligation under 40-4-208 must be enforced by immediate or delinquency income withholding, or both, under Title 40, chapter 5, part 3 or 4. A support order that omits the written exceptions provided in 40-5-315 or 40-5-411 or that provides for a payment arrangement inconsistent with this section is nevertheless subject to withholding for the payment of support without need for an amendment to the support order or for any further action by the court.
(b) If an obligor is exempt from immediate income withholding, the district court judgment or order must include a warning statement that if the obligor is delinquent in the payment of support, the obligor's income may be subject to income withholding procedures under Title 40, chapter 5, part 3 or 4. Failure to include a warning statement in a judgment or order does not preclude the use of withholding procedures.
(c) If a support order subject to income withholding is expressed in terms of a monthly obligation, the order may be annualized and withheld on a weekly or biweekly basis, corresponding to the obligor's regular pay period. When an order is annualized and withheld on a weekly or biweekly basis under this section, the support withheld from the obligor may be retained by the obligee when it exceeds the obligor's monthly support obligation if the excess support is a result of annualized withholding.
(d) If an obligor is exempted from paying support through income withholding, the support order must include a requirement that whenever the case is receiving services under Title IV-D of the Social Security Act, support payments must be paid through the department of public health and human services as provided in 40-5-909.
(6) (a) Each district court judgment, decree, or order that establishes paternity or establishes or modifies a child support obligation must include a provision requiring the parties to promptly file with the court and to update, as necessary, information on:
(i) the party's identity, residential and mailing addresses, telephone number, [social security number,] and driver's license number;
(ii) the name, address, and telephone number of the party's employer; and
(iii) if the child is covered by a health or medical insurance plan, the name of the insurance carrier or health benefit plan, the policy identification number, the names of the persons covered, and any other pertinent information regarding coverage or, if the child is not covered, information as to the availability of coverage for the child through the party's employer.
(b) The court shall keep the information provided under subsection (6)(a) confidential except that the information may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act.
(c) The order must also require that in any subsequent child support enforcement action, upon sufficient showing that diligent effort has been made to ascertain the location of the party, the district court or the department of public health and human services, if the department is providing services under Title IV-D of the Social Security Act, may consider due process requirements for notice and service of process met with respect to the party upon delivery of written notice by regular mail to the most recent address of the party or the party's employer's address reported to the court.
(7) Each district court judgment, decree, or order establishing a final child support obligation under this part and each modification of a final order for child support must contain a statement that the order is subject to review and modification by the department of public health and human services upon the request of the department or a party under 40-5-271 through 40-5-273 when the department is providing services under Title IV-D of the Social Security Act for the enforcement of the order.
(8) (a) A district court judgment, decree, or order that establishes or modifies a child support obligation must include a provision requiring the child support obligation to be paid, without need for further court order:
(i) to the person with whom the child resides by legal order;
(ii) if the person with whom the child legally resides voluntarily or involuntarily relinquishes physical care and control of the child to another person, organization, or agency, to the person, organization, or agency to whom physical custody has been relinquished;
(iii) if any other person, organization, or agency is entitled by law, assignment, or similar reason to receive or collect the child support obligation, to the person, organization, or agency having the right to receive or collect the payment; or
(iv) to the court for the benefit of the minor child.
(b) When the department of public health and human services is providing services under Title IV-D of the Social Security Act, payment of support must be made through the department for distribution to the person, organization, or agency entitled to the payment.
(c) A judgment, decree, or order that omits the provision required by subsection (8)(a) is subject to the requirements of subsection (8)(a) without need for an amendment to the judgment, decree, or order or for any further action by the court.
(9) A judgment, decree, or order that establishes or modifies a child support obligation must include a provision that if a
parent or guardian is the obligee under a child support order and is obligated to pay a contribution for the same child under
41-3-406, 41-5-1304, or 41-5-1512, the parent or guardian assigns and transfers to the department of public health and
human services all rights that the parent or guardian may have to child support that are not otherwise assigned under
53-2-613. (Bracketed language terminates on occurrence of contingency or July 1, 1999--sec. 104, Ch. 552, L. 1997.)"
Section 5. Section 40-4-234, MCA, is amended to read:
"40-4-234. Final parenting plan criteria. (1) In every dissolution proceeding, proceeding for declaration of invalidity of marriage, parenting plan proceeding, or legal separation proceeding that involves a child, each parent or both parents jointly shall submit to the court, in good faith, a proposed final plan for parenting the child, which may include the allocation of parenting functions. A final parenting plan must be incorporated into any final decree or amended decree, including cases of dissolution by default. As used in this section, parenting functions means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child, which may include:
(a) maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) attending to the daily needs of the child, such as feeding, physical care, development, and grooming, supervision, spiritual growth and development, health care, day care, and engaging in other activities that are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
(c) attending to adequate education for the child, including remedial or other education essential to the best interest of the child;
(d) ensuring the interactions and interrelationship of the child with the child's parents and siblings and with any other person who significantly affects the child's best interest; and
(e) exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances.
(2) Based on the best interest of the child, a final parenting plan may include, at a minimum, provisions for:
(a) designation of a parent as custodian of the child, solely for the purposes of all other state and federal statutes that require a designation or determination of custody, but the designation may not affect either parent's rights and responsibilities under the parenting plan;
(b) designation of the legal residence of both parents and the child, except as provided in 40-4-217;
(c) a residential schedule specifying the periods of time during which the child will reside with each parent, including provisions for holidays, birthdays of family members, vacations, and other special occasions;
(d) finances to provide for the child's needs;
(e) any other factors affecting the physical and emotional health and well-being of the child;
(f) periodic review of the parenting plan when requested by either parent or the child or when circumstances arise that are foreseen by the parents as triggering a need for review, such as attainment by the child of a certain age or if a change in the child's residence is necessitated;
(g) sanctions that will apply if a parent fails to follow the terms of the parenting plan, including contempt of court;
(h) allocation of parental decisionmaking authority regarding the child's:
(i) education;
(ii) spiritual development; and
(iii) health care and physical growth;
(i) the method by which future disputes concerning the child will be resolved between the parents, other than court action; and
(j) the unique circumstances of the child or the family situation that the parents agree will facilitate a meaningful, ongoing relationship between the child and parents.
(3) The court may in its discretion order the parties to participate in a dispute resolution process to assist in resolving
any conflicts between the parties regarding adoption of the parenting plan. The dispute resolution process may include
counseling or mediation by a specified person or agency, or court action.
(4) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent, and either parent may make emergency decisions affecting the child's safety or health. When mutual decisionmaking is designated in the parenting plan but cannot be achieved regarding a particular issue, the parents shall make a good faith effort to resolve the issue through any dispute resolution process provided for in the final parenting plan.
(5) If a parent fails to comply with a provision of the parenting plan, the other parent's obligations under the parenting plan are not affected.
(6) The At the request of either parent or appropriate party, the court shall order that the parenting plan be sealed except
for access by the parents, guardian, or other person having custody of the child."
Section 6. Section 40-4-252, MCA, is amended to read:
"40-4-252. Preliminary declaration of disclosure -- penalty. (1) Within 60 days of service of a petition for dissolution or nullity of marriage or for legal separation of the parties, each party shall serve on the other party a preliminary declaration of disclosure, executed under penalty of perjury. The parties may, by written stipulation or by oral stipulation made in open court, agree to waive the exchange of or change the time for exchange of preliminary declarations of disclosure.
(2) The preliminary declaration of disclosure may not be filed with the court, except on the court's order.
(3) The preliminary declaration of disclosure must set forth with sufficient particularity, which a person of reasonable and ordinary intelligence can ascertain, all of the following:
(a) the identity of all assets in which the declarant has or may have an interest and all liabilities for which the declarant is or may be liable, regardless of the characterization of an asset or liability; and
(b) the declarant's percentage of ownership in each asset and percentage of obligation for each liability when property is not solely owned by one or both of the parties. The preliminary declaration may also set forth the declarant's characterization of each asset or liability.
(4) A declarant may amend the declarant's preliminary declaration of disclosure without permission of the court.
(5) Along with the preliminary declaration of disclosure, each party shall provide the other party with a completed income and expense declaration unless an income and expense declaration has already been provided and is current and valid.
(6) In addition to any other civil or criminal remedy available under law for the commission of perjury, the court may set aside the judgment, or part of the judgment, if the court discovers that a party has committed perjury in the preliminary declaration of disclosure."
Section 7. Effective date. [This act] is effective July 1, 1999.
- END -
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