Blank Fl 390 PDF Template

1. What is the purpose of the FL-390 form?

The FL-390 form is designed for individuals seeking a simplified modification of current orders for child, spousal, or family support. It allows the requester to apply for a change in support amounts based on changes in financial circumstances or other relevant factors.

2. Who can use the FL-390 form?

This form can be used by either parent or a governmental agency involved in the support case, pursuant to certain sections of the Family Code. It is suitable for attorneys, parties without attorneys, or governmental agencies seeking to adjust support orders.

3. What are the key components of the FL-390 form?

Key components include sections for identifying information, a request for changes in support amounts, a request for issuance of modified earnings and health insurance coverage assignments, and a declaration under penalty of perjury about the accuracy of the information provided.

4. How do I serve the FL-390 Notice of Motion and Motion?

The Notice of Motion and Motion must be served on the other party and, if applicable, on the local child support agency. Service can be either by personal delivery or by mail, done by someone over 18 years old who is not a party to the action.

5. What documents must accompany the FL-390 form?

Alongside the FL-390, a completed Financial Statement (Simplified) (form FL-155) or an Income and Expense Declaration (form FL-150) must be attached. If applicable, a guideline support calculation sheet should also be included.

6. Is there a requirement for proof of service?

Yes, proof of service must be completed and signed by the person serving the motion. It verifies that the Notice of Motion and Motion were delivered correctly to all relevant parties.

7. Can I request a change in health insurance coverage using the FL-390 form?

Yes, the form allows you to request that the court orders the provision of health insurance coverage for the children involved, in accordance to legal obligations, and to issue a Health Insurance Coverage Assignment.

8. What happens if there is a significant change in income?

If there is a significant change in the income of any party involved, you can request a modification of the support order to reflect this change. Documentation to support this change must be submitted with the FL-390 form.

9. Who fills out and signs the Proof of Service section?

The Proof of Service section must be filled out and signed by the individual who served the Notice of Motion and Motion, who must be at least 18 years of age and not a party to the legal action.

1. Not updating personal information can lead to crucial communication being missed or delays in the process. When filling out the FL-390 form, it's important to ensure that all personal details such as address, telephone number, and names are current and correctly spelled. This includes the Petitioner/Plaintiff, Respondent/Defendant, and Other Parent sections.

2. Failing to properly serve the Notice of Motion and Motion can invalidate the entire process. The form emphasizes the requirement for service either by personal delivery or via mail, excluding the party directly involved from serving the documents. This mistake is often overlooked, risking non-compliance with the legal requirements for notifying all parties involved.

3. Incorrect financial information can significantly affect the outcome. The form requires attached financial statements (using form FL-155 or FL-150) or a significant change in income to be declared. Inaccuracies or omissions in this area can lead to an unfavorable or incorrect support modification.

4. Not attaching the required supporting documentation can delay or derail the motion. This encompasses the Financial Statement, guideline support calculation sheet, and any additional supporting evidence for the claims made in the request. Every claim or request made in parts 2 through 6 of the form should be backed by the appropriate documentation.

5. Omitting the Proof of Service or incorrectly completing it can lead to the motion being disregarded. After serving the motion to all relevant parties, filling out the Proof of Service accurately is crucial. It confirms the motion has been properly served, detailing the method of service, to whom, and when. An incomplete or missing Proof of Service on the FL-390 form can mean the court does not consider the motion at all.

Navigating the intricacies of legal documents, especially when it comes to family law, can seem like a daunting task. When individuals are looking to modify orders for child, spousal, or family support using the FL-390 form, understanding the associated forms and documents that often complement it is crucial. These documents can help streamline the process, ensuring that all necessary information and requests are properly communicated to the court. Here’s a list of other forms and documents that are often used in conjunction with the FL-390 form:

• FL-150 (Income and Expense Declaration): This document provides a detailed account of the petitioner's or respondent's income and expenses. It's essential for the court to make informed decisions regarding support modifications.
• FL-155 (Financial Statement (Simplified)): For individuals with straightforward financial situations, this simplified financial statement can be used instead of the more detailed FL-150 form.
• FL-470 (Health Insurance Coverage Assignment): This form is necessary when a modification to the health insurance coverage for children is requested as part of the support modification process.
• Proof of Service: After filing a motion, this document serves as evidence that the other party has been properly notified about the motion. It's a critical step to ensure the process moves forward without delay.
• Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (FL-105): If child custody arrangements are involved, this form provides the court with necessary information regarding the child's residency and any custody proceedings.
• Request for Order (FL-300): This generic form is used when asking the court to make new orders or change existing orders on a variety of issues, including spousal or child support.
• Child Custody and Visitation (Parenting Time) Application Attachment (FL-311): Often attached to the Request for Order, it's used to outline specific requests regarding child custody and visitation arrangements.
• Income Withholding for Support (FL-195): If a party is requesting that support payments be directly deducted from the other party's income, this form is necessary to initiate the income withholding process.

Integrating the FL-390 form with these additional documents can significantly affect the outcome of a support modification request. Each form has its unique role in painting a comprehensive picture of the individual's financial situation and the specifics of their request. It’s important for individuals to familiarize themselves with these documents and consider their relevance to their own circumstances. Consulting with a legal professional can also provide guidance on the appropriate forms needed and ensure that all paperwork is correctly completed and filed.

• The Income and Expense Declaration (Form FL-150) is similar to the FL-390 form as it requires detailed financial information from the parties involved to assess financial capabilities and support obligations, serving a crucial role in determining the outcome of support modifications.

• The Request for Order (Form FL-300) shares similarities with the FL-390 form, primarily in its function to request court orders regarding family law matters such as custody, visitation, and support, including modifications to existing orders.

• Financial Statement (Simplified) (Form FL-155), like the FL-390 form, is utilized in support modification cases, providing a simpler method for parties to disclose their financial status, specifically tailored for cases with straightforward financial situations.

• The Health Insurance Coverage Assignment (Form FL-470) is related to the FL-390 in its focus on securing health insurance for children as part of a support order, ensuring that health insurance requirements are addressed and enforced alongside support modifications.

• Proof of Service by Mail (Form FL-335) parallels the FL-390 form’s proof of service requirement, verifying that relevant parties have been duly notified of legal actions and filings, a procedural necessity for the motion to be considered by the court.

• Similar to the FL-390, the Stipulation and Order (Form FL-350) is used when parties agree on modifications of support or other orders, allowing these agreed changes to be formalized by the court without the need for a contested hearing.

• The Application for Order and Supporting Declaration (Form FL-310) is akin to the FL-390 in its process of requesting court intervention for modifications, albeit more broadly applicable to various types of family law orders beyond just support modifications.

• The Notice of Motion (Form FL-301), while a more general document, shares the purpose of the FL-390 form in initiating a request for a court hearing to change an existing order, laying the groundwork for various types of family law motions including but not limited to support modifications.

Filling out the FL-390 form, a motion for simplified modification of order for child, spousal, or family support, requires careful attention to detail and an understanding of what is and isn't appropriate in legal documentation. Here are some tips to help you navigate the process with confidence.

• Do ensure all the information is accurate and current. Double-check names, addresses, and case numbers to prevent any delays or issues with your motion.
• Don't leave blanks on the form. If a section does not apply to your situation, make sure to write “N/A” (not applicable) so that it's clear you did not simply overlook it.
• Do provide detailed and specific reasons for the request to modify the order. If you're requesting a change based on a significant shift in income, include concrete evidence and documentation.
• Don't forget to check the box that best describes the basis of your request and attach the relevant financial declaration form or guideline support calculation sheet.
• Do include complete and correct contact information for yourself and the other party involved, ensuring that the court and all parties can be in touch as needed.
• Don't neglect the proof of service. Arrange for someone who is not a party to the action and is at least 18 years of age to serve the notice of motion and motion on the other party and, if applicable, the local child support agency.
• Do fill out the proof of service page accurately, detailing how the service was carried out, by whom, and when, to demonstrate compliance with legal requirements for notification.
• Don't sign the form without reviewing it in its entirety. By signing the FL-390 form, you're declaring under penalty of perjury that all the information provided is true and correct.
• Do consult with a legal professional if you encounter any uncertainties or require clarification regarding the completion of the form. It’s crucial to understand all aspects of your motion to modify the order effectively and legally.

Completing the FL-390 form properly is an essential step in requesting a modification to child, spousal, or family support orders. By following these guidelines, you can ensure your motion is clear, comprehensive, and free of common pitfalls. Remember, every detail matters in legal documents, and your thoroughness can significantly impact the outcome of your request.

Understanding legal forms like FL-390, the Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support, is crucial. However, there are several misconceptions about this form. Let's clarify some of them:

• It's only for child support changes. While it's commonly used for modifying child support orders, FL-390 can also be used for requesting changes to spousal or family support.
• It guarantees immediate changes to support orders. Submitting FL-390 starts the process but doesn't ensure immediate adjustments. The court reviews the request and makes a decision which may take time.
• You can file it without notifying the other party. California law requires that the other party, and in some cases, the local child support agency, be notified through proper service of the motion.
• Any changes in financial circumstances justify filing FL-390. The court seeks significant changes in the financial situation of the involved parties, not minor fluctuations, as the basis for modifying support orders.
• It's only for decreased support requests. This form can be used to request both increases and decreases in support, depending on changes in financial circumstances or needs.
• The form is complex and requires a lawyer. Although having legal advice is helpful, especially in complicated cases, the FL-390 is designed for simplified modification requests, allowing individuals to file without an attorney.

Accurately understanding and utilizing the FL-390 form is essential for effectively managing support order modifications. Demystifying these misconceptions allows involved parties to navigate their responsibilities and rights with confidence.

Understanding the FL-390 form is crucial for those seeking simplified modification of orders for child, spousal, or family support in California. Here are seven key takeaways to guide you through the process:

• The FL-390 form is designed for petitioning the court to modify current support orders. This includes adjustments to child, spousal, and family support obligations.
• Accuracy is paramount when filling out the form. The information provided must be current and truthful, as it's declared under penalty of perjury under California law.
• A hearing date will be provided, detailing when and where the motion will be reviewed. It's essential for the applicant to note these details accurately to ensure they can present their case.
• The form requires the petitioner to present their financial information either through the Financial Statement (Simplified) (FL-155) or the Income and Expense Declaration (FL-150). This evidence is critical in determining the need for support modification.
• One of the primary reasons for requesting a modification through the FL-390 is a significant change in the income of either party involved. Documentation supporting this change should therefore be prepared and attached.
• It is mandatory to serve the Notice of Motion and Motion on the other party and, if applicable, the local child support agency. This ensures all parties are informed and have the opportunity to respond or appear at the hearing.
• Completing the Proof of Service section accurately is essential for the motion to proceed. This verifies that all necessary parties have been notified about the motion, fulfilling legal requirements for service.

Utilizing the FL-390 form effectively can facilitate the timely adjustment of support obligations, reflecting changes in financial circumstances or legal obligations. Careful attention to detail and adherence to procedural requirements are key to a successful petition.