ATROS: notify other party of proposed extraordinary expenditure

5 court days before date the extraordinary expenditure will be incurred, under Cal. Fam. Code 2040(a)(2)(A).

Rule text

(a)(2)(A) Restraining both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of, any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of proposed extraordinary expenditures at least five business days before incurring those expenditures and to account to the court for all extraordinary expenditures made after service of the summons on that party.

Cal. Fam. Code 2040(a)(2)(A), official source

Calculate this deadline

Deadline
Friday, October 30, 2026
  1. Trigger (Date the extraordinary expenditure will be incurred): Friday, November 6, 2026.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Friday, October 30, 2026.
Rules applied
Cal. Fam. Code 2040(a)(2)(A)
(a)(2)(A) Restraining both parties from transferring, encumbering, hypothecating, concealing, or in any way disposing of, any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life, and requiring each party to notify the other party of proposed extraordinary expenditures at least five business days before incurring those expenditures and to account to the court for all extraordinary expenditures made after service of the summons on that party.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."
Official source
  • Statute says 5 BUSINESS days; modeled as court days (excludes weekends and judicial holidays). California judicial holidays include days some businesses observe as workdays, so the court-day count may be slightly earlier, i.e., conservative. REVIEW. leginfo shows two versions: the version amended by Stats. 2025, ch. 48 (AB 1297), sec. 1 (operative until Jan. 1, 2027) and the version added by sec. 2 (operative Jan. 1, 2027); both contain the identical quoted sentence. Applies after the summons restraining orders take effect (petitioner on filing, respondent on service).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the extraordinary expenditure will be incurred on Monday, March 15, 2027, personal service: due Monday, March 8, 2027.

  1. Trigger (Date the extraordinary expenditure will be incurred): Monday, March 15, 2027.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 8, 2027.

Notes

Statute says 5 BUSINESS days; modeled as court days (excludes weekends and judicial holidays). California judicial holidays include days some businesses observe as workdays, so the court-day count may be slightly earlier, i.e., conservative. REVIEW. leginfo shows two versions: the version amended by Stats. 2025, ch. 48 (AB 1297), sec. 1 (operative until Jan. 1, 2027) and the version added by sec. 2 (operative Jan. 1, 2027); both contain the identical quoted sentence. Applies after the summons restraining orders take effect (petitioner on filing, respondent on service).

Related deadlines

All California family law deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.