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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 Superior Court of the State of California

9 For the County of ___________________

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11 In re the marriage of: ) Case No.


)
12 ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST
13 Petitioner, ) FOR ORDER OR NOTICE OF MOTION UNDER
) CODE OF CIVIL PROCEDURE 706.052
14 and ) INCREASING PERCENTAGE OF DISPOSABLE
) INCOME TO BE WITHHELD FOR SUPPORT
15 Respondent. )
)
16 )
)
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21 address. Do NOT just use the wording in this sample unless it


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definitely fits your particular situation.
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POINTS AND AUTHORITIES-REQUEST FOR ORDER UNDER CODE OF CCP 706.052
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6 this document.
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8 MEMORANDUM OF POINTS AND AUTHORITIES

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I.
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11 STATEMENT OF FACTS

12 NAME AND CAPACITY OF MOVING PARTY, herein submits their memorandum of


13 points and authorities in support of their request for an order under Code of Civil Procedure
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706.052 increasing the percentage of disposable income to be withheld for support of LIST NAME
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AND CAPACITY OF PERSON AGAINST WHOM YOU ARE SEEKING THE ORDER
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MOVING PARTY contends that their request should be granted on the grounds that LIST

18 HERE THE GROUNDS FOR YOUR MOTION SUCH AS THE OTHER PARTY IS NOT

19 CURRENTLY SUPPORTING A SPOUSE OR DEPENDENT CHILD OR THE OTHER


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PARTY OWES PAST DUE SUPPORT THAT HAS BEEN OVERDUE MORE THAN 12
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WEEKS. CITE TO THE FACTS AND EVIDENCE PRESENTED IN THE SUPPORTING
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DECLARATION AS WELL INCLUDING ANY ATTACHED EXHIBITS IF
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24 APPROPRIATE.

25 MOVING PARTY also contends that they have complied with all applicable provisions of
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California law including Code of Civil Procedure 706.052 in that they have shown competent
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evidence that OTHER PARTY is not currently supporting a spouse or dependent child and/or the
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POINTS AND AUTHORITIES-REQUEST FOR ORDER UNDER CODE OF CCP 706.052
1 other party owes past due support that has been overdue more than 12 weeks.
2 Thus this court should require the OTHER PARTY to present competent evidence that
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they are not currently supporting a spouse or dependent child or owe past due support that has been
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overdue more than 12 weeks.
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6 You need to state the facts that pertain to your particular


7
situation. Do NOT just use the wording here unless it definitely applies
8

9 to the situation.
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under-code-of-civil-procedure-section-706-052
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POINTS AND AUTHORITIES-REQUEST FOR ORDER UNDER CODE OF CCP 706.052