Getting Started with the FL-360 Form
To set aside a support order in California, start by completing the FL-360 using the FormsPal online PDF editor. Click the "Get Form" button at the top of this page to open the form in your browser. No downloads or software installations are needed.
How to Fill Out the California FL-360 Step by Step
Follow these steps to complete the Form FL-360 accurately and submit it to the court:
Step 1. Open the FL-360 form by clicking "Get Form" above. The PDF editor will load the form in your browser, ready for you to complete all required fields.
Step 2. Fill in the case details at the top of the form. Enter the name of the superior court where the case is filed, the names of the petitioner and respondent, and the case number. In the hearing section, provide the date, time, department, and court address for the proposed hearing. If the hearing date has not been set, contact the clerk of the court to request a date before filing.
Step 3. Complete the compliance section to confirm that your request falls within the required time limit under Family Code Section 3691. Check the box that applies to your situation, such as confirming that you obtained or reasonably should have obtained knowledge of the support order within the past six months.
Step 4. Identify all parties in the support order. List the petitioner, respondent, and any other parent involved. In the "Facts in Support" section, provide the specific grounds for your request, such as fraud, perjury, lack of notice, or duress. Include as much factual detail as possible to support your position and describe what you believe led to the improper support order.
Step 5. Complete the declaration section at the bottom of the form. Enter the date, print your name clearly, and sign in the designated field. You are signing under penalty of perjury, confirming that all information in the FL-360 is true and correct. When finished, click "Done" to save and download your completed form.
After completing the form, make copies for all parties. File the original FL-360 with the clerk of the superior court handling your case. The opposing party in the support order must be properly served with a copy before the scheduled hearing date.
Frequently Asked Questions about the FL-360 Form
What is the Florida FL-360 form used for?
The California FL-360 is used to request a court hearing to set aside a child or spousal support order under Family Code Section 3691. It applies when a party believes the original order was entered based on fraud, perjury, lack of proper notice, or another valid legal ground recognized by the court.
How long do I have to file the FL-360?
Under California family law, a request to set aside a support order must generally be filed within six months of the date you knew or reasonably should have known about the order. Missing this deadline typically results in the court rejecting the request. Consult a California family law attorney if you are uncertain whether your filing is timely.
Do I need an attorney to file the FL-360?
No attorney is required to file the FL-360. However, because setting aside a support order involves complex family law procedures, speaking with a licensed California family law attorney before you file is strongly recommended. An attorney can review the facts, identify the strongest grounds for your request, and help you avoid procedural errors that could cause the court to deny the application.
What happens after I file the FL-360 form?
The court will assign a hearing date and notify all parties. You must serve the other party with a copy of the completed FL-360 before the hearing. At the hearing, the judge reviews the facts and decides whether to grant the request. If granted, the original support order is set aside and the matter may be reopened. If denied, the support order remains in effect.
What other forms may I need with the FL-360?
You may need to file an Income and Expense Declaration (FL-150) to document the financial circumstances of each party. Depending on the case, you may also use the California Form FL-301 or refer to the California Form FL-600. A Form FL-311 may also be relevant to your case.
