Form Fl 430 PDF Details

In the realm of family law, the mechanisms put in place to ensure financial support for children and spouses often involve complex legal documents and processes that are critical to uphold the well-being of those entitled to receive such support. Among these, the FL-430 form plays a vital role. This official document is sanctioned by the Superior Court of California and serves a multifaceted purpose in the legal landscape of support enforcement. It is essentially utilized in ex parte applications to issue, modify, or terminate an earnings assignment order, which is a directive for an employer to deduct child support, spousal or domestic partner support, and family support payments directly from the wages of the obligated party. The FL-430 form demands detailed specifics such as the amounts ordered and unpaid, including any arrears, interests, and penalties, along with a declaration from the applicant on the sufficiency of notice given to the opposing party or reasons for waiver of such notice. Moreover, it outlines scenarios under which modifications or terminations of existing earnings assignment orders are sought, encompassing significant life changes or fulfillment of payment obligations. This legal instrument, therefore, stands not only as a testament to the state’s commitment to ensuring financial security for dependent individuals but also exemplifies the judicial system's responsiveness to changing circumstances in personal and family lives. By navigating these protocols via the FL-430, parties involved aim to maintain fairness and efficacy in the enforcement or alteration of support commitments across California.

QuestionAnswer
Form NameForm Fl 430
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other names430 fl, superior court of california ex parte form, california fl 430, assignment to terminate child support california

Form Preview Example

FL-430

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARTY/PARENT:

FOR COURT USE ONLY

EX PARTE APPLICATION TO

 

ISSUE,

 

MODIFY, OR

CASE NUMBER:

 

 

 

 

 

 

 

TERMINATE AN EARNINGS ASSIGNMENT ORDER

 

 

 

 

 

 

 

 

 

 

 

 

APPLICANT DECLARES

 

 

 

 

 

1.

Child support was ordered as follows on (date):

a. Child’s name

b. Date of birth

c. Monthly amount d. Payable by (party): e. Payable to (party):

2.

f. Total amount unpaid (arrears) is at least: $

as of (date):

 

 

family support was ordered as follows:

Spousal or domestic partner support

 

3.

a.

Date of order:

 

 

 

 

 

b.

Payable by

 

 

petitioner

 

 

respondent

 

 

 

 

c.

Payable to

 

petitioner

 

 

respondent

 

 

 

d.

Total amount unpaid (arrears) is at least:

$

Interest and penalties

a.The amount of arrears stated in items 1f and 2d does is not included, it is not waived.)

other parent other (specify): as of (date):

does not include interest at the legal rate. (If interest

4.

b. The amount of arrears stated in items 1f and 2d

 

does

 

 

does not include penalties at the legal rate.

 

(If penalties are not included, they are not waived.)

 

 

 

 

(Complete for support ordered before July 1, 1990, only)

 

 

 

 

 

 

 

child support

 

 

spousal or partner support

is overdue in the sum of at least one month's payment.

Payment of

 

 

 

 

Written notice of my intent to seek an earnings assignment was

 

 

a.

 

given at least 15 days before the date of filing this application

 

 

(1)

 

 

 

by first class mail.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

by personal service.

 

 

 

 

 

 

 

 

 

 

 

 

(3)

 

 

 

contained in the support order described in item 1 or 2.

 

 

 

 

(4) other (specify):

b.

 

waived (explain):

5.

An earnings assignment order has not been issued for support ordered after July 1, 1990.

Page 1 of 3

Form Adopted for Mandatory Use

Judicial Council of California FL-430 [Rev. January 1, 2014]

EX PARTE APPLICATION TO ISSUE, MODIFY, OR TERMINATE AN EARNINGS ASSIGNMENT ORDER

Family Code, §§ 3901, 5230, 5240, 5252 www.courts.ca.gov

FL-430

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARTY/PARENT:

CASE NUMBER:

ISSUANCE OF EARNINGS ASSIGNMENT ORDER

6. I request an earnings assignment order issue for the following monthly deductions:

a.

 

$

per month current child support.

b.

 

$

per month current spousal or domestic partner support.

 

c.

 

$

per month current family support.

 

d.

 

$

per month child support arrears.

 

e.

 

$

per month spousal or domestic partner support arrears.

 

f.

 

$

per month family support arrears.

 

g.Total deductions per month: $

MODIFICATION OF CHILD SUPPORT EARNINGS ASSIGNMENT ORDER

7.

The existing earnings assignment order for child support should be modified as follows (specify):

The modified earnings assignment order is requested because (check all that apply):

a.

One or more of the following children listed in the child support order are emancipated (support is no longer required by law) as of the following dates (name each emancipated child and date of emancipation):

b.

c.

d.

e.

The support arrears in this case are paid in full, including interest.

The earnings assignment order must be conformed to the most recent support order as follows (specify):

The local child support agency is no longer enforcing the current support obligation in this case but is required to collect and enforce any arrears owing.

Other (specify):

TERMINATION OF CHILD SUPPORT EARNINGS ASSIGNMENT ORDER

8.

The earnings assignment order for child support should be terminated because (check all that apply): a. Past due support has been paid in full, including any interest due.

b.

 

There is no current support order.

c.

 

The child reached age 18 and completed the 12th grade on(date):

 

d.

 

The child reached 18 and is no longer a full-time high school student as of (date):

 

e.

 

The child reached age 19.

 

f.

 

The child died on (date):

 

g.

 

The child married on (date):

 

h.

 

The child went on active duty with the armed forces of the United States on (date):

 

i.

 

The child received a declaration of emancipation under Family Code section 7122 (name each child and give

 

 

 

details):

FL-430 [Rev. January 1, 2014]

EX PARTE APPLICATION TO ISSUE, MODIFY, OR TERMINATE AN EARNINGS ASSIGNMENT ORDER

Page 2 of 3

FL-430

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARTY/PARENT:

CASE NUMBER:

8.(continued)

j.

 

The previous stay of the earnings assignment was improperly terminated (specify):

 

k.

l.

The State Disbursement Unit has been unable to deliver payment for a period of six months due to the failure of the support recipient to notify the State Disbursement Unit of a change in his or her address.

Other (specify):

MODIFICATION OF SPOUSAL, DOMESTIC PARTNER, OR FAMILY SUPPORT EARNINGS ASSIGNMENT ORDER

9.

The existing earnings assignment order for spousal, domestic partner, or family support should be changed as follows (specify):

The modified earnings assignment order is requested because (check all that apply):

a.

b.

The support arrears in this case are paid in full, including interest.

The earnings assignment order must be conformed to the most recent support order as follows (specify):

c.

Other (specify):

TERMINATION OF SPOUSAL, DOMESTIC PARTNER, OR FAMILY SUPPORT EARNINGS ASSIGNMENT ORDER

10.

The earnings assignment order for spousal, domestic partner, or family support should be terminated because (specify):

a. Past due support has been paid in full, including any interest due.

b.

 

There is no current support order.

c.

 

The supported spouse or domestic partner remarried or registered a domestic partnership on

 

 

 

(date):

d. The supported spouse or partner died on (date):

e.

 

By terms of the current order, spousal, partner, or family support terminated on (date):

f.

 

A previous stay of wage assignment was improperly terminated (specify):

 

g.

 

The

 

employer

 

State Disbursement Unit

has been unable to deliver payment for a period of six

 

 

 

 

 

months due to the failure of the support recipient to notify that employer or the State Disbursement Unit of a

 

 

change in his or her address.

 

h.

 

Other (specify):

 

 

 

 

 

 

 

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

 

FL-430 [Rev. January 1, 2014]

EX PARTE APPLICATION TO ISSUE, MODIFY, OR TERMINATE AN EARNINGS ASSIGNMENT ORDER

Page 3 of 3

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Pay attention while filling out this document. Make sure that all required fields are filled out correctly.

1. Whenever filling in the fl 430, ensure to incorporate all of the essential fields in their corresponding section. It will help to expedite the work, making it possible for your details to be handled without delay and accurately.

fl 430 california writing process shown (part 1)

2. Now that the last array of fields is finished, you should insert the required details in Total amount unpaid arrears is at, as of date, Spousal or domestic partner, Date of order, petitioner petitioner, respondent respondent, family support was ordered as, Payable by Payable to, Total amount unpaid arrears is at, other parent other, specify, as of date, Interest and penalties a, The amount of arrears stated in, and The amount of arrears stated in so that you can move on further.

Part # 2 in submitting fl 430 california

3. Within this part, look at Payment of Written notice of my, by first class mail, given at least days before the, by personal service contained in, specify, waived explain, An earnings assignment order has, Form Adopted for Mandatory Use, Judicial Council of California FL, EX PARTE APPLICATION TO ISSUE, Page of, Family Code, and wwwcourtscagov. All of these are required to be filled in with greatest accuracy.

Filling in part 3 in fl 430 california

4. This next section requires some additional information. Ensure you complete all the necessary fields - PETITIONERPLAINTIFF, RESPONDENTDEFENDANT, OTHER PARTYPARENT, ISSUANCE OF EARNINGS ASSIGNMENT, CASE NUMBER, I request an earnings assignment, b c d e f, per month current child support, g Total deductions per month, MODIFICATION OF CHILD SUPPORT, The existing earnings assignment, The modified earnings assignment, and One or more of the following - to proceed further in your process!

OTHER PARTYPARENT, b c d e f, and I request an earnings assignment inside fl 430 california

You can certainly get it wrong while filling out your OTHER PARTYPARENT, therefore make sure you look again prior to deciding to submit it.

5. This pdf needs to be wrapped up with this area. Here there's a full list of fields that require accurate information to allow your form submission to be complete: The support arrears in this case, The earnings assignment order must, The local child support agency is, Other specify, TERMINATION OF CHILD SUPPORT, The earnings assignment order for, Past due support has been paid in, There is no current support order, date, The child reached and is no, date, The child reached age, The child died on, and date.

fl 430 california completion process clarified (portion 5)

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