The FL 390 form is a legal document used in California to request a simplified modification of child, spousal, or family support orders. It allows individuals to formally ask the court to change the amount of support payments based on changes in circumstances. If you need to fill out this form, click the button below to get started.
The FL-390 form is an important document used in California courts to request a modification of existing support orders. It is specifically designed for cases involving child support, spousal support, or family support. This form allows individuals—whether they are attorneys, self-represented parties, or governmental agencies—to formally notify the court and the other party of their intent to change the amount of support being paid. Key details include the date and time of the hearing, the specific support amounts being requested, and any necessary modifications to health insurance coverage for children. Additionally, the form requires information about any pending public assistance applications and the basis for the modification request, such as changes in income or completed financial statements. Proper service of the motion is crucial, as it must be delivered to all relevant parties, including local child support agencies when applicable. By following the guidelines set forth in the FL-390 form, individuals can effectively communicate their needs to the court and seek adjustments that reflect their current circumstances.
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
Filling out the FL-390 form is an essential step for those seeking a modification of child, spousal, or family support orders. After completing the form, you will need to serve it to the involved parties and possibly to the local child support agency. This ensures that all parties are informed and can respond appropriately.
Once the form is completed, ensure that it is served to the other party and the local child support agency, if applicable. Proper service is crucial for the court to accept your motion.
What is the FL-390 form?
The FL-390 form is a legal document used in California to request a simplified modification of existing orders related to child support, spousal support, or family support. It allows a party to ask the court to change the amount they are required to pay or receive.
Who can file the FL-390 form?
Any party involved in a support case can file this form. This includes the petitioner, respondent, or other parent. If a governmental agency is involved, they can also submit the form.
What information do I need to provide on the FL-390 form?
You will need to include:
How is the FL-390 form submitted?
The completed form must be filed with the court. However, you must first serve a copy of the form to the other party and, if applicable, the local child support agency. You cannot file it until you have proof of service.
What is proof of service?
Proof of service is a document that confirms the other party and the local child support agency received the FL-390 form. This can be done by mailing or personally delivering the form. A person over 18 who is not involved in the case must complete this proof.
What happens at the hearing?
During the hearing, both parties can present their case. The judge will review the information and make a decision regarding the modification of support. Be prepared to explain why the change is necessary.
Can I request a change in health insurance coverage?
Yes, you can request the court to order the other party to provide health insurance for the children. This request can be included in your FL-390 form.
What if my financial situation has changed?
If there has been a significant change in your income or expenses, you should mention this in your request. This can help support your case for a modification of the support order.
What forms do I need to attach?
You may need to attach a Financial Statement (Simplified) or an Income and Expense Declaration, depending on your situation. This helps provide a clearer picture of your financial circumstances.
Where can I find more information about the FL-390 form?
For more details, you can visit the California court's official website. They provide resources and guidance on how to fill out and submit the FL-390 form correctly.
Filling out the FL-390 form can be a straightforward process, but many people make common mistakes that can delay their case or lead to complications. One frequent error is failing to provide complete contact information. It's essential to include accurate names, addresses, and phone numbers for all parties involved. Missing or incorrect information can result in miscommunication and hinder the court's ability to reach out to you.
Another common mistake is neglecting to specify the type of support being modified. The form allows for modifications related to child support, spousal support, or family support. If you don’t clearly indicate which type of support you are addressing, the court may not understand your request fully. This oversight can lead to unnecessary delays in processing your motion.
People often forget to include the necessary documentation to support their request. The FL-390 form requires attachments, such as a completed Financial Statement or Income and Expense Declaration. Without these documents, your motion may be deemed incomplete, and the court could reject it. Always double-check that you have included all required forms before submission.
Another mistake is not properly serving the motion to the other party and the local child support agency, if applicable. The form clearly states that service must be completed before filing. If you skip this step or fail to fill out the proof of service correctly, your motion may not be considered valid. Make sure to follow the instructions for service carefully.
People sometimes overlook the importance of signing and dating the form. This step may seem minor, but an unsigned or undated form can lead to significant delays. The court needs your signature to verify that the information provided is accurate and that you are making your request under penalty of perjury.
Additionally, failing to check the boxes indicating true statements can create confusion. If any of the statements regarding public assistance or other relevant information apply to your situation, be sure to mark them accordingly. Inaccurate or incomplete responses can lead to questions from the court and may complicate your case.
Another common oversight is not clearly stating the requested changes. When filling out the section for the new support amounts, be specific about the figures you are requesting. Vague requests can lead to misunderstandings and may not meet the court’s requirements for clarity.
Some individuals forget to keep copies of everything they submit. It’s crucial to maintain a record of your completed forms and any correspondence with the court. This practice can help you track your case and provide necessary information if questions arise later.
Finally, many people rush through the process without reviewing their completed form. Take the time to read through everything carefully before submission. A thorough review can help catch errors or omissions that could otherwise complicate your case.
The FL-390 form is an essential document used in California family law to request a simplified modification of child, spousal, or family support orders. However, it is often accompanied by several other forms and documents that help provide the court with a comprehensive understanding of the situation at hand. Below is a list of these important documents, each serving a specific purpose in the modification process.
Each of these documents plays a vital role in the modification process, ensuring that the court has all necessary information to make informed decisions. Together, they create a framework that supports fair outcomes for families navigating the complexities of support obligations.
The FL-390 form, which is used for requesting a simplified modification of child, spousal, or family support orders in California, shares similarities with several other legal documents. Each of these documents serves a specific purpose in family law and often follows a similar structure or intent. Below is a list of eight documents that are comparable to the FL-390 form:
When filling out the FL-390 form, it’s essential to approach the task with care and attention to detail. Here are nine important dos and don'ts to keep in mind:
By following these guidelines, you can help ensure that your FL-390 form is completed correctly and efficiently, minimizing the chances of any issues arising during the process.
Here are eight misconceptions about the FL-390 form, along with clarifications for each:
This form can be used for modifications related to child support, spousal support, and family support. It is not limited to one type of support.
Service of the motion is mandatory. You must serve the other party and, if applicable, the local child support agency before filing the form with the court.
Both represented and self-represented individuals can use the FL-390 form. It is designed for anyone needing to modify support orders.
A financial statement or income and expense declaration is required to support your request for modification. This information is crucial for the court's decision.
Submitting the form does not guarantee that the court will approve the requested changes. The court will review the information and make a determination based on the evidence provided.
The FL-390 form is specifically for modifications related to child support, spousal support, and family support. Other types of modifications require different forms.
While a hearing is often required, there are circumstances where the court may make a decision based solely on the submitted documents without a hearing.
There are specific timelines and conditions under which you can file for a modification. It is essential to understand these requirements to avoid delays or denials.
When filling out and using the FL-390 form, it is crucial to understand the process and requirements. Here are key takeaways that can guide you:
Understanding these points can help you navigate the process more effectively and ensure that your motion is properly filed and considered by the court.