California Form Fl 455 PDF Details

In the landscape of family law, the implementation of income withholding orders stands as a pivotal mechanism to ensure the timely and consistent provision of child support payments. Within this framework, the California FL-455 form emerges as a critical document, harmonizing the needs of families with the realities faced by individuals responsible for providing support. This form enables a pathway for requesting a temporary halt or a "stay" on the enforcement of automatic deductions from wages for child support, under certain conditions. Noteworthy is its bifurcated structure: it not only empowers support payors to apply for a stay based on specific criteria such as consistent payment history, absence of arrears, or undue hardship but also similarly accommodates requests to terminate such stays, ensuring adaptability to evolving circumstances. In addition, it mandates a judicial review through a hearing, underscoring the judicious balance between the interests of the child and those of the support payor. By embedding provisions for both initiation and termination of stays, along with stringent verification processes—including declarations under penalty of perjury—the form encapsulates the nuanced balance between ensuring the welfare of children and addressing the financial realities of payors. Moreover, it reflects the broader objectives of family law: to uphold the best interests of children while equitably managing the capabilities and circumstances of parents.

QuestionAnswer
Form NameCalifornia Form Fl 455
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesfl 455, california stay assignment order, fl455 form, 455 service form

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FL-455

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and address):

FOR COURT USE ONLY

 

 

TELEPHONE NO.:

 

 

 

 

 

 

ATTORNEY FOR (Name):

 

 

 

 

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

 

 

STREET ADDRESS:

 

 

 

 

MAILING ADDRESS:

 

 

 

 

CITY AND ZIP CODE:

 

 

 

 

 

BRANCH NAME:

 

 

 

 

 

 

 

 

 

 

 

 

PETITIONER/PLAINTIFF:

 

RESPONDENT/DEFENDANT:

 

 

 

 

 

OTHER PARENT:

 

 

 

 

 

 

 

 

 

 

 

 

 

STAY

 

TERMINATION OF STAY

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

 

OF SERVICE OF EARNINGS ASSIGNMENT ORDER

 

 

 

 

 

 

 

 

 

APPLICATION FOR STAY

(NOTICE: If this application is made separately from a hearing on support, you must get a hearing date from the clerk and give notice. See below.)

I request that the court stay the service of the earnings assignment order in this case because (check one or more applicable reasons):

1.

 

I have paid fully and on time the previously ordered support for the last 12 months, and I do not owe any back support

 

 

(arrearages).

 

 

 

 

 

 

2.

 

I have not been subject to a support order for the last 12 months, but I have posted

 

cash

 

a cash bond with the

 

 

 

 

 

clerk of the court in the amount of $

 

, which is equal to three months' support, and I do not owe any

 

 

 

 

 

back support (arrearages).

 

 

 

 

 

 

Service of the earnings assignment would cause extraordinary hardship on me as follows (state reasons): (Note: You must prove these reasons at any hearing on this application by clear and convincing evidence.)

I have a written agreement with the party receiving support that provides a stay of service of the earnings assignment order. A copy of the agreement is attached. (Note: This agreement must be signed by the local child support agency if support is payable to a county officer designated for that purpose.)

My employer or the local child support agency has been unable to deliver the support payments to the recipient for at least six months because the recipient has not notified my employer or the local child support agency of a change of address. (Attach a statement made under oath by employer or local child support agency.)

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 APPLICANT)

 

 

 

 

NOTICE OF HEARING

A hearing on this application will be held as follows:

a. Date:

Time:

Dept.:

Room:

 

 

 

 

b. The address of the court

is shown above

is:

Page 1 of 2

Form Adopted for Mandatory Use

Judicial Council of California FL-455 [Rev. January 1, 2003]

STAY OF SERVICE OF EARNINGS ASSIGNMENT ORDER

Family Code, §§ 5260, 5261 www.courtinfo.ca.gov

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT:

CASE NUMBER:

 

 

 

 

APPLICATION FOR TERMINATION OF STAY

I request that the court terminate the stay of service of the earnings assignment previously issued in this case

on (date):

 

because (check one or more applicable reasons):

1.

 

The person required to make payments has missed at least one payment of support, which continues unpaid. (Note: A false

 

 

 

statement about missed payments is punishable as contempt.)

 

2.

 

I am

 

the person required to make the payments

 

the local child support agency,

 

 

 

 

 

and I wish the stay terminated.

 

3.

 

The reasons for granting the stay no longer exist. (A hearing is required. See page 1 for notice of hearing.)

 

 

 

(State facts showing that the previous reasons for granting the stay no longer exist.)

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 APPLICANT)

 

 

 

 

PROOF OF SERVICE BY MAIL

1.I am at least 18 years of age and not a party to this cause. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify):

2.I served a copy of this Stay of Service of Earnings Assignment Order by enclosing it in a sealed envelope with first-class postage fully prepaid and depositing it in the United States Postal Service as follows:

a.Date of deposit:

b.Place of deposit (city, state):

c.Addressed as follows:

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)

 

 

 

 

 

 

 

 

 

 

ORDER

 

GOOD CAUSE APPEARING:

 

1.

 

Service of the earnings assignment order issued in this action is stayed.

 

 

 

2.

 

The stay of service granted above will terminate without further order on (date):

 

 

 

3.

 

The previous stay of service of the earnings assignment order made on (date):

is terminated,

 

 

 

and the earnings assignment order previously issued in this case may be served.

 

Date:

(JUDICIAL OFFICER)

FL-455 [Rev. January 1, 2003]

Page 2 of 2

STAY OF SERVICE OF EARNINGS ASSIGNMENT ORDER

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This form will require specific information; in order to guarantee correctness, don't hesitate to pay attention to the tips listed below:

1. The california fillable form fl 455 involves particular information to be typed in. Make certain the following fields are finalized:

fl455 completion process outlined (stage 1)

2. The subsequent stage is usually to complete all of the following blank fields: I request that the court stay the, I have paid fully and on time the, which is equal to three months, cash, a cash bond with the, I have a written agreement with, I declare under penalty of perjury, and Date.

Stage no. 2 in filling out fl455

3. The following part will be focused on A hearing on this application will, a Date, Time, Dept, Room, b The address of the court, is shown above, Form Adopted for Mandatory Use, Judicial Council of California FL, STAY OF SERVICE OF EARNINGS, Page of , and Family Code wwwcourtinfocagov - fill out each one of these fields.

fl455 completion process clarified (part 3)

4. This particular paragraph arrives with all of the following fields to consider: PETITIONERPLAINTIFF, RESPONDENTDEFENDANT, OTHER PARENT, CASE NUMBER, I request that the court terminate, because check one or more, APPLICATION FOR TERMINATION OF STAY, The person required to make, the person required to make the, the local child support agency, The reasons for granting the stay, State facts showing that the, I declare under penalty of perjury, Date, and TYPE OR PRINT NAME.

fl455 writing process clarified (part 4)

Those who work with this PDF generally make mistakes while completing The person required to make in this area. Ensure that you revise what you enter right here.

5. When you come close to the completion of the document, you will find a couple extra requirements that need to be met. Mainly, I served a copy of this Stay of, Date of deposit Place of deposit, a b c Addressed as follows, I declare under penalty of perjury, Date, TYPE OR PRINT NAME, SIGNATURE OF DECLARANT, ORDER, GOOD CAUSE APPEARING , Service of the earnings assignment, The stay of service granted above, and is terminated must be done.

The way to fill out fl455 step 5

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