Form FL-158 at a glance
What it is: Form FL-158 is the Supporting Declaration for Attorney's Fees and Costs Attachment (Family Law), approved by the Judicial Council of California.
Who signs: Sign on the line marked (SIGNATURE), declaring under penalty of perjury under the laws of the State of California that the information contained on all pages of this form and any attachments is true and correct.
A filled-in Form FL-158 example: a petitioner refers to an attachment for 3c
How to fill out Form FL-158, box by box
Who you are, your request and your information
In 1, mark if you are the petitioner/plaintiff, the respondent/defendant or the other party.
In 2, mark if you request that the court grant, grant in part or deny the request for attorney's fees and costs.
In 3, mark if you are providing the information in support of or in opposition to the request for attorney's fees and costs.
Who has the ability to pay and the sources
Under a, mark the petitioner/plaintiff, the other party or the respondent/defendant who has the ability to pay, and then mark my attorney's fees and costs, his or her own attorney's fees and costs, both my and his or her own attorney's fees and costs, or other (specify).
Under b, write the sources the attorney's fees and costs can be paid from.
Facts for the court and the non-spouse party or domestic partner
Under c, describe the following facts the court should consider in deciding whether to grant, grant in part, or deny the request for attorney's fees and costs, or mark See Attachment 3c.
Under d, if appropriate, describe the reasons why a non-spouse party or domestic partner is involved in the case and whether he or she should or should not pay attorney's fees and costs, or mark See Attachment 3d.
Child support and spousal, partner, or family support orders
In 4, mark No or Yes: Has an order already been made for payment of child support in this case?
If so, describe the order: mark the petitioner/plaintiff, the respondent/defendant or the other party who must pay: $ per month for child support. Enter the date this order has been in effect since. Mark the payments have been made, have not been made or have been made in part since the date of the order. Add Additional information (specify).
In 5, mark No or Yes: Has an order already been made for payment of spousal, partner, or family support in this case?
For the spousal, partner, or family support order, mark the petitioner/plaintiff, the respondent/defendant or the other party who must pay: $ per month for spousal support, partner support or family support. Add Additional information (specify).
Date, name and signature
Enter the Number of pages attached to this Supporting Declaration.
Enter the Date, type or print your name and sign.
More rules for Form FL-158
Attach it to the Request for Attorney's Fees and Costs Attachment (form FL-319) or the Responsive Declaration (form FL-320).
In 6, if you are or were married to, or in a domestic partnership with, the person you are seeking fees from, the court must consider the factors in Family Code section 4320 in determining whether it is just and reasonable under the relative circumstances to award attorney's fees and costs. Complete and attach Spousal or Partner Support Declaration Attachment (form FL-157) or a comparable declaration to provide the court with information about the factors described in section 4320.
In 7, you must complete, file, and serve a current Income and Expense Declaration (form FL-150); it is considered current if you have completed form FL-150 within the past three months and no facts have changed since the time of completion.
Sources
[1] Form FL-158 (New January 1, 2012), Supporting Declaration for Attorney's Fees and Costs Attachment (Family Law), Judicial Council of California (the Official source link on this page).
