Article Structure
The FL-334 form plays a crucial role in the legal process of modifying existing child custody, visitation, or child support orders. It is specifically designed for situations where the court needs verification of the other party's current address, a matter typically accompanied by sensitive family dynamics. This form ensures that the parties involved are properly notified about any requests to alter established orders. Legally, it serves as a declaration regarding address verification, necessitating that the petitioner or their attorney provides accurate location information about the other party involved. The content of the FL-334 form includes essential details such as the parties involved, their respective attorneys (if applicable), and the case number for identification. It also outlines the requirements for properly serving the request, which vary based on whether the modification pertains solely to child support and if a local child support agency is involved. Detailed instructions guide users on how to serve documents, particularly emphasizing the need for personal service when a current address cannot be verified. By detailing the petitioner's efforts to confirm the other party's residence, the FL-334 upholds procedural fairness and aims to ensure that the judicial process operates smoothly and transparently.
Fl 334 Example
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): |
FOR COURT USE ONLY |
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TELEPHONE NO.: |
FAX NO. (Optional): |
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ATTORNEY FOR (Name): |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF |
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STREET ADDRESS: |
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MAILING ADDRESS: |
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CITY AND ZIP CODE: |
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BRANCH NAME: |
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PETITIONER/PLAINTIFF: |
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RESPONDENT/DEFENDANT: |
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OTHER PARENT/PARTY: |
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DECLARATION REGARDING ADDRESS VERIFICATION— |
CASE NUMBER: |
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POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, |
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VISITATION, OR CHILD SUPPORT ORDER |
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1. I am the |
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attorney for |
petitioner
respondent
other parent
other party |
in this matter. |
2.
3.
The request is to modify a judgment or permanent order only for child support and a local child support agency is
providing services in the case. Service of the request solely to modify child support will be made on other party by serving the local child support agency at least 30 days prior to the hearing as provided in Family Code sections 17404(e)(3) and 17406(f).
The request is to modify a judgment or permanent orders for child custody, visitation, or child support.
Note: If you cannot verify the other party’s current residence or office address, mail service may not be used. The other party must be personally served. Proof of Personal Service (form
a.Before the request was served on the other party by mail, I verified in the previous 30 days that the other party’s current current residence or office address is (specify):
b.I can confirm that the above address is the other party’s current residence or office address because (specify):
(1) |
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I contacted the other party directly within the past 30 days and he or she gave me the above address. |
(2) |
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I have been at that address in connection with a custody and visitation or other matter within the past 30 days. |
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(3)
It is the new address that the other party provided on Notice of Change of Address (form
(4)
It is the office address that he or she last gave on a document filed with the court in this case which was also served on me as a party in the case.
(5)
I sent the other party a letter by mail to the address in (2) with return receipt requested and the other party signed and accepted the letter at that address within the past 30 days.
(6) |
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I confirmed by another method (specify): |
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Continued in Attachment 3b(6). |
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I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct. Date:
(TYPE OR PRINT NAME) |
(SIGNATURE OF PERSON COMPLETING THIS FORM) |
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Form Approved for Optional Use
Judicial Council of California
DECLARATION REGARDING ADDRESS VERIFICATION— POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, VISITATION, OR CHILD SUPPORT ORDER
Code of Civil Procedure, §§ 1013, 1013a; Family Code, §§ 215, 17404, 17406 www.courts.ca.gov
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT: OTHER PARTY:
CASE NUMBER:
NOTICE AND SERVICE INFORMATION
If you want to change a judgment or permanent order for child custody, visitation, or child support, a person at least 18 years of age or older must serve the request on the other party by (1) personal delivery or (2)
•If your request is to change a judgment or permanent orders only for child support and a local child support agency is currently providing services, the other party may be served by mail at the office of the local child support agency. Where service is made by mail on the local child support agency, the following apply:
1.The local child support agency must be served not less than 30 days before the hearing date.
2.Attach a copy of this completed form to the proof of service by mail; and
3.File this original form at the court clerk’s office.
•If your request is to change a judgment or permanent order for child custody, visitation, or child support and you have verified the other party’s current residence or office address, you must:
1.Complete this form to provide the other party’s current residence or business address and indicate how you obtained the other party’s current residence or office address.
2.Attach a copy of this completed form to the proof of service by mail; and
3.File this original form at the court clerk’s office.
•If you cannot verify the other party’s current residence or office address, mail service may not be used. The other party must be personally served. PROOF OF PERSONAL SERVICE (form
DECLARATION REGARDING ADDRESS VERIFICATION— POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, VISITATION, OR CHILD SUPPORT ORDER
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Form Characteristics
| Fact Name | Detail |
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| Form Code | FL-334 |
| Purpose | This form is used to request modifications to child custody, visitation, or child support orders in California. |
| Governing Law | Family Code sections 215, 17404, 17406 and Code of Civil Procedure sections 1013, 1013a. |
| Personal Service Requirement | If the other party's address cannot be verified, they must be served personally. |
| Address Verification | The petitioner or attorney must declare how they verified the other party’s address within the last 30 days. |
| Service Timeline | A request to modify child support must be served at least 30 days before the hearing. |
| Attachments Required | Attach a copy of FL-334 to the proof of service by mail and file this original form at court. |
Guidelines on Utilizing Fl 334
To complete the FL-334 form for a postjudgment request to modify a child custody, visitation, or child support order in California, careful attention is required to provide the correct information. After finishing this form, it will be essential to file it with the court and ensure appropriate service on the other party. Below are the steps to fill out the FL-334 form.
- Fill in your details: In the section labeled “ATTORNEY OR PARTY WITHOUT ATTORNEY,” provide your name, state bar number, address, telephone number, and any optional email or fax information.
- Identify your role: Indicate whether you are the attorney for the petitioner, respondent, or another party in the matter.
- State the case number: Enter the unique case number associated with your filing in the provided section.
- Confirm the purpose: Specify the reason for your request, indicating whether it is to modify any existing orders regarding child custody, visitation, or child support.
- Address verification: Complete the verification section by entering the other party’s current address and explaining how you verified that this is their correct address, based on one of the listed options.
- Signature and Date: Sign and date the form to certify that the information you provided is true and correct under penalty of perjury.
Once you have completed the FL-334 form, make sure to keep copies for your records. Remember to attach any necessary documents to your filing and follow up by serving the form to the other party as required. Complying with these steps will help facilitate the process of modifying your existing orders in court.
What You Should Know About This Form
What is Form FL-334 used for?
Form FL-334 is a legal document used in California to request modifications to existing child custody, visitation, or child support orders. It includes a declaration of address verification to confirm the other party's current contact information before serving legal documents.
Who needs to file Form FL-334?
This form is necessary for attorneys or parties involved in a custody, visitation, or child support case when they seek to change a judgment or permanent order regarding these matters. It can be filed by a petitioner, respondent, or another parent/party in the case.
How do I serve the request outlined in Form FL-334?
To properly serve the request, you must ensure that the other party receives it either through personal delivery or by first-class mail or airmail. If modifying child support only, service can also be made via mail to the local child support agency, provided you serve it at least 30 days prior to the hearing.
What should I do if I cannot verify the other party’s address?
If you cannot verify the other party's current residence or office address, you are not allowed to use mail service. Instead, you must personally serve the other party. You should use Form FL-330 to prove that personal service has been completed.
What information must be included in Form FL-334?
Form FL-334 requires you to include your contact information, the case number, and the details of the other party's current address. Additionally, you must specify how you verified this address, such as through direct contact or a recent court document.
Is there a specific timeframe for service before the hearing?
Yes, if you are modifying child support, the service must be completed at least 30 days prior to the scheduled hearing. This allows the other party sufficient time to respond to the request for modification.
What happens if I incorrectly fill out or file Form FL-334?
Filing an incorrect or incomplete Form FL-334 could result in delays or rejections of your request for modification. It is important to ensure that all information is accurate, and that you follow the proper procedures for serving the other party.
Is legal representation required to file Form FL-334?
No, having legal representation is not mandatory. However, navigating modifications to custody or support orders can be complex, and seeking legal advice may provide clarity on the process and requirements involved.
Common mistakes
Filling out the FL-334 form can be a critical step in modifying child custody, visitation, or child support orders. However, several common mistakes occur that can delay the process or result in complications. Below are nine frequent errors to avoid.
One of the biggest mistakes is providing incomplete information. Every section of the form must be filled out completely. Omissions, such as missing the other party's name or any pertinent details, can lead to rejection of the form, requiring resubmission.
Another common error is failing to verify the other party’s address before filing. Without confirming their current residence or office address, you may not be able to serve them properly, leading to a potential delay in your request being processed.
Some individuals neglect to follow the service requirements. If you're changing an order regarding child support, ensure that you serve both the other party and the local child support agency by mail at least 30 days prior to the hearing. Missing this step could jeopardize the validity of your request.
Many people also forget to include a proof of service with their submission. It is essential to attach the proof of service to the form and file the original at the court clerk’s office to demonstrate that proper service has occurred.
Further, failing to include a complete declaration regarding how the other party’s address was verified is another frequent mistake. Depending on your methods of verification, detail how you confirmed the address, as this information is vital.
Another error involves not using the correct forms. Make sure that the FL-334 form is the right one for your situation. Using outdated or incorrect documentation could cause unnecessary delays.
In some instances, applicants overlook the signature requirement. The form must be signed and dated by the individual completing it. Ensure that this crucial step is not missed.
Sometimes, there is a misunderstanding regarding the court location. Make sure that you specify the correct Superior Court of California, including the branch name, street address, and mailing address for filing your request. Providing incorrect information can lead to logistical issues.
Finally, individuals often submit the form without proof of personal service, when applicable. If the other party’s address cannot be verified, personal service is necessary. Use the appropriate form (FL-330) to document this properly.
Avoiding these nine mistakes can streamline your experience and enhance the chances of your request being processed efficiently. Attention to detail is critical when completing the FL-334 form.
Documents used along the form
When submitting a FL-334 form for a post-judgment request to modify child custody, visitation, or child support orders, several other documents may complement the process. These forms are essential to ensure proper procedure and adherence to legal requirements.
- FL-330 - Proof of Personal Service: This form is used to verify that the other party was personally served with the court documents. It includes details on when, where, and how the service was completed.
- MC-040 - Notice of Change of Address: If a party has recently changed their address, this form can be filed with the court to inform them of the new address. It ensures that all parties have the correct contact information.
- FL-300 - Request for Order: This document is required to formally request modifications to existing custody, visitation, or support orders. It outlines the specific changes being sought and provides the court with necessary context.
- FL-335 - Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): This form verifies that the court has jurisdiction to make decisions regarding child custody, based on the UCCJEA principles. It helps establish which court has the authority to decide custody issues.
When preparing your submission, ensure that all relevant forms are completed accurately. Properly addressing each document will facilitate the court process and support your case effectively.
Similar forms
The FL-334 form is used in court for modifying child custody, visitation, or child support orders. Other forms serve similar purposes or functions in family law matters. Here are five documents that are similar to the FL-334 form:
- FL-330 - Proof of Personal Service: This form documents that a person was personally served with legal papers. If the address of the other party cannot be verified, personal service is required to ensure they receive the request.
- FL-300 - Request for Order: This form is used to ask the court for a variety of orders, including modifications to custody or support. It is similar in that both forms facilitate requests for changes in existing court orders.
- FL-320 - Notice of Motion: This form notifies the other party that a motion has been filed with the court, similar to how the FL-334 informs about a request to modify orders regarding child custody or support.
- MC-040 - Notice of Change of Address: This form updates the court about a change in address. It can be referenced in the FL-334 when confirming the current address of the other party for service purposes.
- FL-341 - Child Custody and Visitation Order: This document finalizes agreements about custody and visitation. Like FL-334, it deals specifically with custody and visitation issues, but in a more conclusive manner.
Dos and Don'ts
When filling out the FL-334 form, attention to detail is crucial. Here are some important dos and don'ts to keep in mind:
- Do ensure that all fields are completed accurately.
- Do verify the current address of the other party before serving the request.
- Do attach any necessary documents, such as proof of service or address verification.
- Do file the original form with the court clerk after completing it.
- Don't neglect to consider that personal service may be required if you cannot verify the address.
- Don't submit the form without double-checking for any errors or missing information.
Misconceptions
Misconception 1: The FL-334 form can be used for any legal requests.
This form is specifically designed for post-judgment requests to modify child custody, visitation, or child support orders. It isn’t suitable for other types of legal modifications or requests.
Misconception 2: All parties can be served by mail.
In cases where the other party's address can't be verified, personal service is required. Mail service is only an option when the address has been confirmed. Being unable to confirm the address means the form can't be served by mail.
Misconception 3: Anyone can serve the FL-334 form.
The individual serving the form must be at least 18 years old. They must also be someone other than the petitioner or the respondent. This ensures that the service is properly handled and documented.
Misconception 4: The local child support agency handles all correspondence regarding the FL-334 form.
While the local child support agency plays a role when modifying solely child support orders, the parties involved still bear the responsibility of ensuring the form is properly served and all requirements are met.
Key takeaways
When it comes to using the FL-334 form for modifying a child custody, visitation, or child support order, there are several key points to keep in mind.
- The FL-334 form is used to request modifications to existing court orders regarding child custody, visitation, or child support.
- It is essential to verify the other party's current address; if this cannot be done, personal service is required instead of mail service.
- The local child support agency plays a crucial role if the request relates solely to child support modifications; service must be made at least 30 days before the hearing.
- Proof of service, along with the completed FL-334 form, must be filed with the court clerk to ensure the request is properly recorded.
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