IAAL ~Form 982(a)(17) & (a)(18) Am I doing this right???

[Ukiah]

CALIF.

I need to know what to put on these fee waiver forms...
We were successful in getting the case transfered to the new county, and the last thing my atty said to me was fill out these forms and file them with the new county... I have the forms, and now I need to know what to put where.

I have no income. Live with my Boyfriend/Fiancee who supports me. I don't have any "real" bills except support.

How do I fill out Form 982(a)(17)??

NO.1) A or B... I chose A because I am not able to pay any amount of fees.

NO.2) I have this one covered...

NO.3) I put UNEMPLOYED
NO.3b) do I need to put my fiancee's income down? I don't think so, because it can't be used to determine support.. Am I right?

NO.4) I'm not on any kind of assistance

NO.5) My understanding is I do not need to fill this out.. right?

NO.6) Yes, my total monthly income is less than $869.80

NO.7) I skip this one...

NO.8) this is where it gets confusing... If I am unemployed, do I mark NO.8?? Or leave it blank?

NO.9) same thing, If I'm unemployed, what amount do I put down? $0.00?

I don't get any other income at all. so I can't complete NO.9 d.

now,
NO.9 f.) Do I include my fiancee as a person living in the house? He is not a spouse. Do I put his income? ANd why do they ask to add that income with mine (if we are not married it does not count, correct? UGH! I'm sooo confused.

Will him being on this fee waiver affect my ability to pay? Or shoudl I say; if he's included on this fee waiver will I have to pay?


FORM 982(a)(18) I don't need advice on this except what date do I put on it as filed? The same as the one filed in the old Court? Or a new date that I take it in to the new county?

That's it. I think.

 

[I AM ALWAYS LIABLE]

CALIF.

I need to know what to put on these fee waiver forms...
We were successful in getting the case transfered to the new county, and the last thing my atty said to me was fill out these forms and file them with the new county... I have the forms, and now I need to know what to put where.

I have no income. Live with my Boyfriend/Fiancee who supports me. I don't have any "real" bills except support.

How do I fill out Form 982(a)(17)??

NO.1) A or B... I chose A because I am not able to pay any amount of fees.

NO.2) I have this one covered...

NO.3) I put UNEMPLOYED
NO.3b) do I need to put my fiancee's income down? I don't think so, because it can't be used to determine support.. Am I right?

NO.4) I'm not on any kind of assistance

NO.5) My understanding is I do not need to fill this out.. right?

NO.6) Yes, my total monthly income is less than $869.80

NO.7) I skip this one...

NO.8) this is where it gets confusing... If I am unemployed, do I mark NO.8?? Or leave it blank?

NO.9) same thing, If I'm unemployed, what amount do I put down? $0.00?

I don't get any other income at all. so I can't complete NO.9 d.

now,
NO.9 f.) Do I include my fiancee as a person living in the house? He is not a spouse. Do I put his income? ANd why do they ask to add that income with mine (if we are not married it does not count, correct? UGH! I'm sooo confused.

Will him being on this fee waiver affect my ability to pay? Or shoudl I say; if he's included on this fee waiver will I have to pay?


FORM 982(a)(18) I don't need advice on this except what date do I put on it as filed? The same as the one filed in the old Court? Or a new date that I take it in to the new county?

That's it. I think.

My response:

For the benefit of our other readers, what Ukiah is talking about is an "Application for Waiver of Court Fees and Costs" (In Forma Pauperis).

Everyone is entitled to their day in court, rich and poor alike. All because a person doesn't have enough money, doesn't mean that they are "locked out" from obtaining justice, as our Constitution gives us that "right".

However, courts "don't run on air" - - they need money to operate. Besides taxpayer monies, the way the courts generate part of their income to operate is through "Filing Fees", but not everyone can afford those fees. Therefore, in all States (and this is in California too), a system of "proof" of income has been set up to determine a person's "need" to have such fees waived.

This is what Ukiah is trying to accomplish because she is in need of justice, but can't afford the extra expenses of the Court Fees. So, she's attempting to have those fees waived (and after 3 months, will be subject to review and a new filing by her for this purpose will be required if she wishes to continue "In Forma Pauperis")

Okay, let's answer Ukiah's questions:

So far, Ukiah has answered some of the preliminary questions that are easy to answer. As you might guess, the easy questions are always at the beginning, and get tougher as you progress through the form.

If you are interested in following through this form with Ukiah and me, click on this link and print out the form: http://www.courtinfo.ca.gov/forms/documents/982a17.pdf
The form looks very much like an IRS "Short Form".

Since Ukiah's current relationship is that of "boyfriend and girlfriend" she does not have to answer any questions concerning "spouse" income.

Ukiah's real sticking point is how to deal with her boyfriend's income on this form, because she has no income of her own. The reality is that Ukiah does not use "Public Funds", like welfare would be. But, the fact remains, without a job or Public Funds, she's obviously getting money from some source. She has living expenses like everyone else. So, the court is not going to accept "Nothing" or "Zero" on her application - - the court is entitled to know from where she's getting her living expenses.

She does NOT mark #8.

Where some of her confusion lies is whether she should list her boyfriends income or not. The answer, of course, is yes - - she needs to list that income because it's "Household Income"; and, for that, Ukiah needs to answer #9(d) - "Other Money". The form gives "examples" of income, and doesn't say "Boyfriend income", but nonetheless it's Household Income - - money that's coming in from any "source".

She also fills in 9(f) to include the number of people in the house, and their names, age and relationship, right along with each person's gross monthly income. Then, in 9(g), she adds up the income to the "Household".

Next, Ukiah asks if she lists her boyfriend's income to the household, will that affect whether or not she must pay the fees and costs. The answer is "Yes". Depending upon the total amount of household income, and the number of people living in her home, when compared to the Rules, will determine whether or not Ukiah qualifies.

Then, she'll answer the balance of the questions which concern her Household expenses, and this is done based upon any income her household receives; i.e., her boyfriend's income when compared to her monthly household expenses.

The next form that Ukiah discusses is the "Court Order" form that gets filed along with the Application for Waiver of Fees and Costs - - specifically, she wants to know if she should fill in the dates. She should only date her signature. The rest of the dates are filled in by the Court Clerk, and by the Judge.

Good luck Ukiah.

IAAL

[Edited by I AM ALWAYS LIABLE on 03-08-2001 at 10:26 PM]

 

[LegalBeagle]

IAAL: You rock dude!

 

[Grandma B]

His teaching vibes are strong today. Could just picture him striding across the front of a lecture hall.

 

[Ukiah]

IAAL: You rock dude!

I second this motion!!

Thank you for the Info!!

 

[Ukiah]

Dumb Question...

This is most likely a dumb question, but,

10 a. there is no cash
10 b. I have no bank accounts, do I have to list his? Do I list my daughter's bank account? which is her sole account ( I am beneficiary)
10 c. do I list the vehicles that are in his name only?

I have nothing in my name, and no bank accounts, no utility bills with my name, no car(s) nothing. My only true debt/expense is support that I owe (he has been paying for since last month). He pays for everything else. Do I list his credit cards as well? I don't even have access to those.

I feel like I'm stressing over 10 a-e. when I shouldn't be, am I right? should I leave them blank, because they are not MY expenses and don't know the FMV, or how much is owed?

11. do I list just my expenses, or OUR expenses, which include the same questions as above.

Under 12. do I put that I travel to p/u my child every two weeks at driving 100 or more miles per way?

Thank you!

I'm sorry, I'm probably making more out of this than there needs to be. I know you said to step back and take a look at the situation from a different perspective. I don't want to fill this out wrong and wast court time if they decide to have me come in and answer questions I don't know the answers to. do you know what I mean?

I used to be Blonde, now I'm bald!



[Edited by Ukiah on 03-09-2001 at 01:37 PM]

 

[I AM ALWAYS LIABLE]

Re: Dumb Question...

This is most likely a dumb question, but,

10 a. there is no cash
10 b. I have no bank accounts, do I have to list his? Do I list my daughter's bank account? which is her sole account ( I am beneficiary)
10 c. do I list the vehicles that are in his name only?

I have nothing in my name, and no bank accounts, no utility bills with my name, no car(s) nothing. My only true debt/expense is support that I owe (he has been paying for since last month). He pays for everything else. Do I list his credit cards as well? I don't even have access to those.

I feel like I'm stressing over 10 a-e. when I shouldn't be, am I right? should I leave them blank, because they are not MY expenses and don't know the FMV, or how much is owed?

11. do I list just my expenses, or OUR expenses, which include the same questions as above.

Under 12. do I put that I travel to p/u my child every two weeks at driving 100 or more miles per way?

Thank you!

I'm sorry, I'm probably making more out of this than there needs to be. I know you said to step back and take a look at the situation from a different perspective. I don't want to fill this out wrong and wast court time if they decide to have me come in and answer questions I don't know the answers to. do you know what I mean?

I used to be Blonde, now I'm bald!

[Edited by Ukiah on 03-09-2001 at 01:37 PM]

My response:

It's not a dumb question. I fully understand your confusion and concern.

As you read the form, it asks for "My" type information, not "Our" type information. The court is already aware, from your previous answers, that your Household income is soley derived from your boyfriend; i.e., he's the one paying for everything at this point in your life.

As for the #10 series, you list only those items which are, in fact, yours and in your name. Only.

As for the #11 series, you've already identified the total amount of people in your house at #9(f). So, all question #11 is asking is what are YOUR monthly household expenses considering ALL OF THE PEOPLE in your household. Do not include expenses that are your boyfriend's alone. So, put your boyfriend's income aside for the moment. Despite who's paying for everything, you have to list YOUR ("My") expenses for the household.

As for #12, no. That question is asked at #11(j).

So, all of this information, concerning "expenses", is from YOUR perspective, and what it costs to maintain YOUR household each month, regardless of where you obtain the money.

Keep up the good work, kiddo. You're asking some very good questions !

IAAL

 

[Ukiah]

Re: Re: Dumb Question...

[/B]Keep up the good work, kiddo. You're asking some very good questions !

IAAL [/B][/QUOTE]

I wish I could repay you for all your help...

Ukiah

 

[I AM ALWAYS LIABLE]

Re: Re: Re: Dumb Question...

Keep up the good work, kiddo. You're asking some very good questions !

IAAL [/B]

I wish I could repay you for all your help...

Ukiah [/B][/QUOTE]

My response:

You don't owe me one red cent. Don't be concerned. That's why I'm here. Believe me, I'm using this Board and my time for my required yearly California MCLE Credits (Mandatory Continuing Legal Education). Also, I'm doing this for the "Pro Bono" credits. So, I'm getting something I need too. So, in effect, and in a roundabout manner YOU, and all the other writers to this Board, ARE giving me something I need due to the questions you and the others ask and the suggestions I give to you and them !

While I do immensely enjoy being here - - you also need to remember, when it comes right down to the "nitty gritty", I am an attorney. And attorneys don't do anything unless there's something in it for them.

And with that explanation, I hope you're laughing.

IAAL

 

[Ukiah]

Yes I did laugh!

I'm glad you're getting something out of this too then, I still appreciate everything, no matter what!

I have one last question I promise; If #6 says fill out only 8, 9a, 9d, and 9f, should I only fill those out, or go ahead and fill out 10 thru 12 anyways?

I think after this I will definately keep a copy of this so I can use it in the future(if necessary)



Ukiah

 

[I AM ALWAYS LIABLE]

Yes I did laugh!

I'm glad you're getting something out of this too then, I still appreciate everything, no matter what!

I have one last question I promise; If #6 says fill out only 8, 9a, 9d, and 9f, should I only fill those out, or go ahead and fill out 10 thru 12 anyways?

I think after this I will definately keep a copy of this so I can use it in the future(if necessary)



Ukiah

My response:

I realize what the form says. However, from experience with other clients, I can assure you that the court would also like to see the information in 10 through 12. So, since it's no big deal, go ahead and fill in that information to the best of your ability.

Oh, one last thing. Call the Clerk after about a week after you have filed for the Waiver to see whether it's been approved. Believe it or not, unless you ask, they won't tell you if it's been approved; e.g., they won't call you or write to you - - except if it's been rejected. But, that could take weeks. You don't want to be in Limbo about this for that long.

IAAL

 

[Ukiah]

oops

opps I goofed,



Ukiah




[Edited by Ukiah on 03-09-2001 at 03:11 PM]

 

[Ukiah]

TRUE

True, I will call about a week after I file it.

Thank you, Thank you, Thank you!!

Ukiah