Fl 390 Form PDF Details

In the landscape of family law, the FL-390 form represents a crucial instrument for individuals seeking to modify orders related to child, spousal, or family support within the state of California. This form facilitates a streamlined process for requesting changes to existing financial support orders, accommodating circumstances that have shifted significantly enough to warrant a revision of the support amounts determined by prior court orders. The form sets out a clear pathway for petitioners to present their case for modification by outlining the necessary information about the parties involved, the nature of the request, and the specifics of the support adjustment being sought. Included within its structure are sections for indicating the desire to modify child or spousal support payments, request changes to health insurance coverage obligations for children, and address any public assistance considerations that might be relevant to the case. Additionally, the form incorporates provisions for submitting detailed financial statements that justify the requested modifications, thereby grounding the petition in concrete financial evidence. The FL-390 is crucial not only for its role in facilitating these legal adjustments but also for its embedded procedures that ensure all parties, including local child support agencies when involved, are duly notified and given the opportunity to engage with the process, thus upholding principles of fairness and due process in the management of family support matters.

QuestionAnswer
Form NameFl 390 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other nameschild support modification form, fl 390, motion modification, ca modification

How to Fill Out Form FL-390

Form FL-390 at a glance

What it is: FL-390 is the Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support.

Where and when to file: 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.

A filled-in Form FL-390 example: a parent asks to change child support

Form FL-390 example filled out, example: a parent asks to change child support
Jane Ann Sample, a parent without an attorney, fills out form FL-390 for the Superior Court of Sample County. She asks to change child support, but this example fills only the header text fields, so the check box groups stay empty; none of its entries is real.

How to fill out Form FL-390, box by box

Attorney or party, court and TO (name)

Form FL-390 example filled out, attorney or party, court and TO (name)

Under ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY, enter the Name, State Bar Number, and Address, and the TELEPHONE NO. Do not write under FOR COURT USE ONLY.

Enter the county of the Superior Court of California, the street address, mailing address, city and zip code and branch name.

Enter the name after TO (name):

If your situation is different

Boxes 1 to 4: the hearing, the support amounts, the earnings assignment and health insurance

In box 1, a hearing on this motion for the relief requested will be held as follows: a. Date, Time, Dept. and Room; b. Address of court: same as noted, or other (specify).

In box 2, you are requesting the court to change the amount currently payable by the petitioner/plaintiff, respondent/defendant or other parent to the following: a. child support pursuant to the California child support guideline commencing (date), per month; b. spousal support of: $ or family support of: $; c. or such other sums as may be appropriate pursuant to applicable guidelines.

In box 3, you are requesting issuance of modified earnings assignment.

In box 4, you are requesting the court to order the petitioner/plaintiff, respondent/defendant or 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).

Boxes 5 and 6 and the declaration

In box 5, check whichever statements are true, if any: a. An application for public assistance (TANF) for the children is pending in (county name); b. 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.

In box 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; b. a significant change in the income of the petitioner/plaintiff, respondent/defendant or other parent; c. the attached guideline support calculation sheet; d. other (specify).

The declarant types or prints a name and signs, with the Date, to declare under penalty of perjury under the laws of the State of California that it is true and correct.

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. Anyone at least 18 years of age EXCEPT A PARTY in this action may personally serve or mail the motion.

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.

Be sure whoever served the motion fills out and signs this proof of service.

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 Notice of Motion and Motion as follows (check either a. or b. for each person served).

For Personal service, fill in (1) Name of party or attorney served and (2) Name of local child support agency served, with (a) Address where delivered, (b) Date of delivery and (c) Time of delivery for each.

For Mail (form FL-390), fill in (1) Name of party or attorney served and (2) Name of local child support agency served, with (a) Address, (b) Date of mailing and (c) Time of mailing for each.

The SIGNATURE OF PERSON WHO SERVED MOTION and the TYPE OR PRINT NAME, with the Date, declare under penalty of perjury under the laws of the State of California that it is true and correct.

Sources

[1] Form FL-390 (Rev. January 1, 2003), Judicial Council of California (the Official source link on this page).

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