California Form FL-360 at a glance
What it is: FL-360 is the Request for Hearing and Application to Set Aside Support Order (Family Law-Governmental).
Who signs: Fill in Date, (TYPE OR PRINT NAME) and SIGN (SIGNATURE OF DECLARANT).
A filled-in California Form FL-360 example: a respondent asks to set aside a support order
How to fill out California Form FL-360, box by box
TELEPHONE NO., FAX NO., E-MAIL ADDRESS and ATTORNEY FOR (Name)
Fill in TELEPHONE NO., FAX NO. (Optional), E-MAIL ADDRESS (Optional) and ATTORNEY FOR (Name).
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
Fill in the Superior Court of California, County of, with Street Address, Mailing Address, City and Zip Code and Branch Name.
PETITIONER/PLAINTIFF, RESPONDENT/DEFENDANT, OTHER PARENT and CASE NUMBER
Fill in PETITIONER/PLAINTIFF, RESPONDENT/DEFENDANT, OTHER PARENT and CASE NUMBER.
1. To
Under 1. To, check petitioner (specify name), respondent (specify name), local child support agency, other parent (specify name) or other (specify).
A hearing on this application will be held as follows
A hearing on this application will be held as follows: fill in a. Date, Time, Div., Dept. and Room.
b. The address of the court where the hearing will be held is "same as above" or other (specify).
2. An order was entered in this case on (date)
An order was entered in this case on (date), requiring petitioner (specify name), respondent (specify name) or other parent (specify name) to pay support. I request that the order be set aside.
3. Grounds for this request
Grounds for this request are (check all that apply): Fraud, Perjury, Lack of notice.
4. I have complied with the time limits
I have complied with the time limits for filing this request to set aside the order (check one):
Request brought within six months after the date I discovered or reasonably should have discovered the fraud.
Request brought within six months after the date I discovered or reasonably should have discovered the perjury.
Request brought within six months after the date (1) I obtained or reasonably should have obtained notice of the support order or (2) my income and assets were subject to attachment under the support order.
5. FACTS IN SUPPORT
FACTS IN SUPPORT of relief requested are (specify):
Contained in the attached declaration.
Declaration under penalty of perjury
"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct."
More rules for California Form FL-360
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding.
Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (form MC-410).
If your situation is different
Notice for cases involving a local child support agency
This case may be referred to a court commissioner for hearing.
By law, court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges.
The court commissioner in your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner acting as a temporary judge.
The court commissioner may still hear your case to make findings and a recommended order.
If you do not like the recommended order, you must object to it within 10 court days; otherwise, the recommended order will become a final order of the court.
If you object to the recommended order, a judge will make a temporary order and set a new hearing.
Sources
[1] Form FL-360 (Rev. January 1, 2007), Request for Hearing and Application to Set Aside Support Order, Judicial Council of California (the Official source link on this page).