The FL-390 form serves as a crucial document for individuals seeking a simplified modification of existing orders related to child, spousal, or family support in the state of California. It outlines the procedure for notifying the court and other parties about the motion for modification based on factors such as changes in income or the need for adjusted support amounts. To initiate the process for modifying your support orders, click the button below.
When navigating the complexities of modifying legal orders concerning child, spousal, or family support, individuals frequently encounter the Form FL-390, a crucial document required in the state of California. This form serves as a Notice of Motion and Motion for Simplified Modification of Order, designed to assist parties seeking an adjustment to the financial support amounts ordered by the court. Whether the need arises due to a significant change in income, the necessity for health insurance coverage for children, or changes in public assistance status, the FL-390 form provides a streamlined process. Alongside the initial motion, it mandates the submission of financial statements or applicable income and expense declarations to support the request for modification. Furthermore, the form outlines the requirements for serving the motion on the other party involved, as well as on the local child support agency when applicable. Proper service and completion of a proof of service are essential steps to ensure the motion's consideration by the court. Therefore, understanding the FL-390 form is pivotal for individuals looking to adjust their support obligations, ensuring they navigate this process with accuracy and legal compliance.
FL-390
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (pursuant to
TELEPHONE NO.:
FOR COURT USE ONLY
FC §§ 17400, 17406) (Name, State Bar Number, and Address):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
NOTICE OF MOTION AND MOTION FOR SIMPLIFIED MODIFICATION OF ORDER
CASE NUMBER:
FOR
CHILD SUPPORT
SPOUSAL SUPPORT
FAMILY SUPPORT
TO (name):
1. A hearing on this motion for the relief requested below will be held as follows:
a. Date:
Time:
Dept.:
Room:
b. Address of court:
same as noted above
other (specify):
2. I am requesting the court to change the amount currently payable by
petitioner/plaintiff
respondent/defendant
other parent to the following:
a.
child support pursuant to the California child support guideline commencing (date):
b.
spousal support of: $
per month beginning (date):
c.
family support of: $
or
such other sums as may be appropriate pursuant to applicable guidelines.
3.I am requesting issuance of modified earnings assignment.
4.
I am requesting the court to order the
other parent
to provide health insurance coverage for the children as obligated by law, and to issue a Health Insurance Coverage Assignment (form FL-470).
5 . (Check whichever statements are true, if any)
An application for public assistance (TANF) for the children is pending in (county name):
County.
The children are receiving public assistance from (county name):
c. This request is made by the governmental agency providing support enforcement services in this action.
6.This request is based on
a.the attached completed Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150) for the applicant.
a significant change in the income of
the attached guideline support calculation sheet.
d.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California FL-390 [Rev. January 1, 2003]
NOTICE OF MOTION AND MOTION FOR SIMPLIFIED
MODIFICATION OF ORDER FOR CHILD, SPOUSAL, OR FAMILY SUPPORT
Family Code, § 3680 www.courtinfo.ca.gov.
PROOF OF SERVICE
The Notice of Motion and Motion must be served on the other party. If the action was brought by the local child support agency, the local child support agency is enforcing the order, or the children are receiving TANF, the Notice of Motion and Motion must also be served on the local child support agency of the county where the action is filed. Service of the motion on the local child support agency and other party may be made by anyone at least
18 years EXCEPT you. Service is made in one of the following ways:
(1)Personally delivering it to the office of the local child support agency and to the other party.
OR
(2)Mailing it, postage prepaid, to the office of the local child support agency, and to the last known address of the other party.
Anyone at least 18 years of age EXCEPT A PARTY in this action may personally serve or mail the motion. Be sure whoever served the motion fills out and signs this proof of service. The Notice of Motion and Motion cannot be filed with the court until the local child support agency and the other party (or attorney) are served and this proof of service is properly completed. If this motion is brought after judgment has been entered in the case, service must be made on the party and not the attorney for the party.
1.At the time of service I was at least 18 years of age and not a party to the legal action.
2.I served a copy of the foregoing Notice of Motion and Motion as follows (check either a. or b. below for each person served):
Personal service. I personally delivered a copy of the Notice of Motion and Motion for Simplified Modification of Order
for Child, Spousal, or Family Support and all attachments as follows:
(1) Name of party or attorney served:
(2) Name of local child support agency served:
(a) Address where delivered:
(b)
Date of delivery:
(c)
Time of delivery:
Mail. I deposited a copy of the Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390) and all attachments in the United States mail, in a sealed envelope with postage fully prepaid, addressed as follows:
(a) Address:
Date of mailing:
Time of mailing:
(SIGNATURE OF PERSON WHO SERVED MOTION)
Page 2 of 2
FL-390 [Rev. January 1, 2003]
www.courtinfo.ca.gov
Once a decision has been reached to modify an existing court order for child, spousal, or family support in California, the next step involves completing and filing Form FL-390, "Notice of Motion and Motion for Simplified Modification of Order." This process facilitates the legal request to adjust the amount of support based on changes in circumstances. Prior to filling out the form, it's crucial to collect all relevant financial documents and review any existing support guidelines that may impact the modification. The following instructions guide through each necessary step to correctly fill out Form FL-390.
After completing the form and the Proof of Service, the next step involves filing these documents with the relevant superior court. Following the filing, the case will proceed to a hearing where a judge will review the motion and make a decision regarding the requested support modification. Both parties will have an opportunity to present their case. It is imperative to follow all court instructions and deadlines leading up to the hearing.
What is an FL-390 form?
The FL-390 form is a legal document used in the state of California for individuals seeking a simplified modification of an existing order related to child, spousal, or family support. It notifies the court and the other parties involved of the request for modification and outlines the specific changes being sought.
Who can use the FL-390 form?
Attorneys, parties representing themselves, or governmental agencies (as allowed under Family Code §§ 17400, 17406) can use the FL-390 form to request a modification to an order for child support, spousal support, or family support.
How is the FL-390 served?
The FL-390 must be served on the other party involved in the support order. If the case involves the local child support agency or the children are receiving TANF (Temporary Assistance for Needy Families), the notice must also be served on the local child support agency. Service can be performed either personally or by mail by someone at least 18 years old and not a party to the case.
What information is required on the FL-390 form?
Information required includes the case number, names of the parties involved, the specific modifications being requested (including amounts of support and effective dates), and evidence supporting the need for modification, such as financial statements or a change in income. A declaration of accuracy under penalty of perjury is also required.
What is required for a request to modify earnings assignment?
If a modification to the earnings assignment order is being requested as part of the support order changes, the FL-390 form should explicitly mention this request. The form, along with the proposed modified amount, needs to be filed and served upon the other party or parties involved.
Can health insurance coverage be addressed in the FL-390 request?
Yes, the FL-390 form allows a party to request the court to order health insurance coverage for the children by the party responsible under the law. This request includes the issuance of a Health Insurance Coverage Assignment (form FL-470) if needed.
When should I file an FL-390 form?
An FL-390 form should be filed when there is a significant change in circumstances justifying a modification of the existing child, spousal, or family support order. This could include changes in income, employment status, or the needs of the children.
What is the process after the FL-390 is filed and served?
After filing and serving the FL-390, a hearing will be scheduled where both parties can present their arguments and any relevant evidence to the court. The judge will then make a decision on whether to grant the modification request based on the information provided.
Where can I find more information or assistance with the FL-390 form?
Additional information and resources regarding the FL-390 form are available on the California Courts official website (www.courtinfo.ca.gov). Individuals may also seek assistance from a legal professional or their local family law facilitator's office for guidance specific to their case.
Filling out the FL-390 form, or the Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support, can be a complicated process, and mistakes are easy to make. One of the most common errors is not including all relevant documents. When requesting a modification for support, providing a complete set of necessary documentation, such as the Financial Statement (Simplified) or the Income and Expense Declaration, is crucial. These forms give the court a clear picture of the financial situation and support the case for modification.
Another oversight occurs when applicants fail to correctly identify the type of support modification they are seeking. The form allows for modifications to child, spousal, or family support, but applicants must clearly indicate which type of support they are attempting to modify. The request's specificity helps the court understand the case's exact needs and ensures the motion is processed accurately and efficiently.
It's also not uncommon for individuals to inaccurately report their income or the income of the other parent, whether intentionally or by mistake. This can severely impact the outcome of the case, leading to unfair support orders. Accurate financial reporting is critical to ensuring that support orders are fair and reflective of each party's actual financial situation.
Moreover, many people forget or neglect to serve the other party or the local child support agency if the case involves public assistance benefits like TANF. Proper service is essential for the motion to proceed. It ensures that all parties are informed of the proceedings and have an opportunity to respond. Without proper service, a case can be significantly delayed or even dismissed.
Date discrepancies are another common error. The form requires that applicants specify the dates from which the modified support amount should commence. If these dates are not accurately provided or are unrealistic, it can lead to further complications and delays in the modification process. Clear and precise dates ensure that orders are enforceable and clear to all parties involved.
Failing to request a modified earnings assignment when needed is another oversight. For those relying on wage garnishments to receive support, not requesting an update to reflect the new support amount can result in receiving the incorrect support amount. It's essential to cover all bases to ensure that the new support order is fully enforceable and effective.
Applicants often misunderstand their obligation to provide or update health insurance coverage for the children involved. This form requires specific requests regarding health insurance coverage to ensure that it remains adequate and in force. Neglecting this can affect the well-being of the children and may result in further legal complications.
Another frequent mistake is not checking off the correct reasons for the request in part five of the form. Whether the motion is due to a pending application for public assistance or a significant change in income, clearly stating the reason helps the court understand the necessity of the modification. Ambiguity or omission can weaken the case for modification.
Finally, a significant yet often overlooked mistake is not properly completing the declaration under penalty of perjury at the end of the form. This declaration is the applicant's assertion that the information provided is accurate and truthful to the best of their knowledge. Failure to sign or inaccurately filling out this section can invalidate the entire motion, wasting time and resources for all parties involved.
When dealing with the legal intricacies of modifying orders for child, spousal, or family support, as outlined in the FL-390 form, various other forms and documents may be needed to successfully navigate the process. These supplementary documents are essential for providing the court with complete information, ensuring compliance with existing laws, and fostering a smooth legal proceeding. Below is a list of other forms and documents commonly used alongside the FL-390 form, each serving a distinct but complementary purpose in the modification process.
In summary, navigating through the modification of orders for child, spousal, or family support requires careful consideration and compilation of relevant legal documents. Each form plays a specific role, from providing financial information to documenting legal processes and ensuring compliance with health insurance requirements. It's a process that underscores the importance of thoroughness, accuracy, and legal diligence in pursuing or responding to modifications.
The FL-390 form, focusing on simplified modifications for child, spousal, or family support within the California legal system, shares similarities with several other legal documents due to its procedural and content-related aspects. One such similar document is the FL-300, Request for Order, which also serves the purpose of requesting the court to make new orders or change existing ones, including orders related to family support, custody, and visitation. Both forms necessitate detailed information concerning the individuals involved and the type of orders sought, highlighting their role in facilitating modifications within family law proceedings.
Another form akin to the FL-390 is the FL-195, Income Withholding for Support. While the FL-390 requests modifications to support orders and potentially an issuance of a modified earnings assignment, the FL-195 directly initiates or changes the withholding of income for support payment enforcement. Both documents play critical roles in ensuring that support payments align with current financial circumstances and legal requirements, emphasizing the interplay between modification requests and enforcement mechanisms in family support matters.
The FL-160, Property Declaration, while primarily focused on detailing assets and debts during divorce or separation cases, shares the thematic essence of financial transparency with the FL-390. Although FL-160 doesn't directly modify support orders, the comprehensive financial disclosure required can influence modifications of support orders by providing a detailed account of each party's financial situation. This connection underscores the importance of accurate financial information in making informed decisions regarding support adjustments.
Lastly, the FL-470, Health Insurance Coverage Assignment, complements the FL-390 by specifically addressing the provision of health insurance for children as part of a support order. When the FL-390 includes a request for the court to order the provision of health insurance, the FL-470 becomes the mechanism through which such orders are enforced, illustrating the direct relationship between seeking modifications to support orders and implementing those changes through specialized forms.
When completing the FL-390 form, it is important to follow guidelines meticulously to ensure the process proceeds without delay. Here are five dos and don'ts to help guide you through the completion and submission of this form:
Do:
Ensure all personal information provided matches your official documents. This includes names, addresses, and case numbers.
Complete every section of the form clearly and accurately. If a section does not apply to you, mark it as "N/A" to indicate it has been reviewed.
Attach all required documentation, such as the Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150), to support your request.
Review the form for completeness and accuracy before signing under penalty of perjury. Your signature attests to the truthfulness of the provided information.
Make a copy of the completed form and all attachments for your records before submission.
Don't:
Do not leave any sections blank unless specifically instructed. Blank sections can lead to misunderstandings or delays.
Avoid guessing on dates or amounts. Verify all information for accuracy to prevent unnecessary complications.
Do not sign the form without ensuring all information is complete and true. Submitting false information can have legal consequences.
Avoid using non-standard notation or abbreviations that might not be understood by court personnel.
Do not delay the service of the motion on the other party or the local child support agency, if applicable. Timely service is critical for compliance with legal timelines.
There are several misconceptions surrounding the FL-390 form, which is officially titled "Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support." Understanding these misconceptions can help individuals better navigate the process of modifying support orders. Here are four common misunderstandings:
By dispelling these misconceptions, individuals seeking to modify child, spousal, or family support can approach the process with a clearer understanding of what the FL-390 form entails and what is required of them.
Filling out and using the FL-390 form, or the Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support, requires attention to detail and an understanding of the process. Here are key takeaways to keep in mind:
Understanding these key aspects can make the process of requesting a modification to support orders less daunting and can help ensure the request is processed efficiently and fairly.
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