Fill Out Your Fl 390 Form

What is the FL 390 form used for?

The FL 390 form is utilized for modifying existing orders related to child support, spousal support, or family support in California. It serves as a notice of motion and outlines the request for a simplified modification of the current support obligations. This form must be submitted to the Superior Court of California, and it details the specifics of the modification being sought, such as changes in payment amounts or requirements for health insurance coverage for children.

Who can file the FL 390 form?

Any party involved in a support order—whether they are the petitioner/plaintiff, respondent/defendant, or other parent—can file the FL 390 form. It is important that the party making the request has a legitimate basis for seeking a modification, such as a significant change in income or circumstances since the original order was established.

What information must be included on the FL 390 form?

The FL 390 form requires several key details. Firstly, it needs the name and contact information of the person filing the motion. Second, it should specify the court date, time, and location of the hearing. Additionally, the request must outline the new amounts being proposed for child support, spousal support, or family support. Supporting documents, such as a completed Financial Statement or Income and Expense Declaration, must also be attached to substantiate the request.

How is the FL 390 form served to other parties?

The FL 390 form must be served not only to the other party involved but also to any relevant local child support agency, if applicable. Service can be conducted either through personal delivery or by sending the documents via mail. The person delivering or mailing the motion must be at least 18 years old and not a party to the legal action. It's crucial that proof of service is completed and signed, ensuring that all parties have been appropriately notified.

What is the significance of providing a Financial Statement with the FL 390?

Submitting a Financial Statement, such as form FL-155, is essential as it provides the court with a clear picture of the requesting party's financial situation. This documentation helps demonstrate the necessity for a modification in support payments, showing either an increase or decrease in income or expenses that justifies the changes being requested.

Can the FL 390 form be filed without proof of service?

No, the FL 390 form cannot be filed with the court until there is proof that the other party and any applicable local child support agency have been properly served. The filing will be rejected without this proof, as it is essential to ensure all parties have the opportunity to respond to the modification request before the court makes any decisions.

What happens after filing the FL 390 form?

Once the FL 390 form is filed, a hearing will be scheduled. During this hearing, the court will review the motion and any supporting documents to assess whether the requested modifications should be granted. Parties involved in the case will have the opportunity to present their arguments and evidence. Following the hearing, the judge will issue a decision regarding the modifications sought in the motion.

Filling out the FL-390 form, which is used to request a modification of child or spousal support in California, is a crucial step that can significantly affect your financial obligations and rights. However, many people make common mistakes when completing it. Here are seven frequent errors to avoid.

First, failing to provide accurate and complete personal information can lead to delays in processing your request. Ensure you include your full name, addresses, and case numbers. Double-check these details to avoid any hitches. Remember, the court needs to verify who is making the request and how to communicate with you.

Another common mistake is not specifying the changes you’re requesting in clear terms. It’s essential to detail whether you’re seeking an increase or decrease in child support, spousal support, or whichever aspect you wish to modify. Simply stating you want a change isn’t enough. Be specific about the amounts and the dates when those changes should take effect.

Next, people often neglect to attach the necessary financial documents, which are critical to supporting your request. Forms such as the Financial Statement (Simplified) or the Income and Expense Declaration help the court understand your financial situation. Without these documents, your request may be dismissed due to lack of evidence.

Some individuals mistakenly assume they don’t need to provide health insurance information. If you're requesting health insurance coverage for your children, this detail cannot be overlooked. The court requires clarity on who covers what in these situations. Underestimating this obligation can lead to complications later on.

Additionally, failing to serve your motion correctly can derail the entire process. You must ensure that the other party, as well as the local child support agency if applicable, is properly notified of your motion. Take care to follow the outlined methods for service, either by personal delivery or mail. This ensures that everyone involved is on the same page.

Another blunder is not signing the declaration at the end of the form. This signature affirms that all information provided is true and correct under penalty of perjury. Without this signature, your motion lacks legitimacy and can be rejected outright.

Lastly, many overlook the importance of completing the Proof of Service section accurately. This document shows that you’ve fulfilled the requirement of informing all relevant parties. Mistakes here can lead to complications in your case and could result in needing to start the process anew.

By keeping these common mistakes in mind, you can file the FL-390 form more confidently and increase your chances of a smoother process. Taking the time to fill it out correctly helps ensure that your needs are addressed promptly and effectively.

When filing a FL-390 form, there are several other documents that may commonly accompany it. Each of these forms plays a critical role in the modification process for child support, spousal support, or family support. Understanding these documents can help ensure that the filing is complete and that the court has all necessary information for the case.

• FL-155 Financial Statement (Simplified): This document provides a simplified overview of the financial situation of the person requesting the modification. It includes income, expenses, and any other relevant financial information needed for the court to assess the request.
• FL-150 Income and Expense Declaration: Similar to the FL-155, this form offers a comprehensive declaration of a party's income and expenses. It is often more detailed and is typically required for cases that may involve significant income variations or complex financial situations.
• FL-470 Health Insurance Coverage Assignment: This form is used to establish that one party must provide health insurance coverage for the children. It also assigns the responsibility of health coverage based on California law.
• FL-430 Child Support Income Deduction Order: This order instructs the employer of the non-custodial parent to deduct child support payments directly from their paycheck. This ensures steady and automatic payment, which is beneficial for the custodial parent.
• FL-191 Notice of Rights and Responsibilities: This form outlines the rights and responsibilities of both parents regarding child support orders. It ensures that both parties are aware of their obligations and the steps they must take to remain compliant with court orders.
• FL-300 Request for Order: This form is often used to request a hearing for modifications to child support, spousal support, or other family law orders. It can be used to initiate proceedings in situations where there are significant changes to the circumstances surrounding the initial order.

Each of these documents serves a specific purpose and helps facilitate the modification process. Properly completing and submitting these forms alongside the FL-390 can lead to a more efficient handling of the case by the court. Always make sure to review requirements and consider seeking guidance if needed.

The FL-390 form serves as a formal request in family law cases concerning modifications of support orders. While it is unique in its specific purpose, several other legal documents operate similarly, each facilitating interactions between parties in family law contexts. Below are six comparable documents that share structural and functional similarities with the FL-390 form:

• FL-155 Financial Statement (Simplified): This form is essential for providing an overview of an individual's financial status and is often attached to various motions, including those presented using the FL-390 form. Both forms require detailed financial disclosures to justify requests regarding support changes.
• FL-150 Income and Expense Declaration: Like the FL-390, the FL-150 requires parties to outline their financial situations comprehensively. This document serves as a foundational reference for determining support amounts, directly informing decisions made on the FL-390 form.
• FL-470 Health Insurance Coverage Assignment: This document addresses the necessity for health insurance coverage for children, paralleling the health insurance requests noted in the FL-390. Both forms ensure the wellbeing of children through legally mandated support obligations.
• FL-395 Notice of Motion to Modify Child Support: Similar to the FL-390, this notice specifically targets child support adjustments. It captures the same essential components needed to breach the existing orders, conveying requested changes effectively to the court.
• FL-341 Proof of Service: Serving documents upon the involved parties is a requirement shared by both FL-390 and FL-341. This document verifies that all parties have been duly informed of motions and requests, maintaining procedural integrity within the judicial process.
• FL-310 Application for Child Support Services: This form initiates services provided by child support agencies. It resembles the FL-390 in its aim to address support obligations and modify existing arrangements while streamlining the legal processes involved in family support matters.

These documents play key roles in family law procedures, ensuring that individuals can effectively navigate the complexity of support modifications and related legal obligations. By understanding how each one operates, parties may better prepare their cases and communicate their needs to the court.

Dos:

• Fill out all required sections of the FL 390 form to ensure completeness.
• Provide accurate contact information for all parties involved in the case.
• Attach any necessary supporting documents, such as financial statements or income declarations.
• Ensure to check all applicable statements regarding public assistance or agency involvement.
• Sign and date the form before submitting it to the court.
• Keep a copy of the filed form and any attachments for your personal records.

Don'ts:

• Do not leave any sections blank; this could lead to delays in processing your motion.
• Avoid providing inaccurate or misleading information, as it may affect the outcome of your case.
• Do not serve the motion yourself; have someone else who is at least 18 years old do it.
• Do not forget to complete the proof of service section before filing with the court.
• Avoid mailing the document without ensuring it is addressed correctly and includes postage.
• Do not file the motion with the court until all parties have been properly served.

• Misconception 1: The FL 390 form is only for child support modifications.

This form can also be used for spousal support and family support modifications. It's designed to address any of these support types in one application.

• Misconception 2: Submission of the FL 390 automatically guarantees a change in support amounts.

The form is a request for a hearing. A judge will review the case and decide whether to approve the modification based on the details provided.

• Misconception 3: Only attorneys can fill out the FL 390 form.

While legal guidance is helpful, anyone involved in the case can complete the form, as long as they follow the instructions carefully.

• Misconception 4: Serving the motion is optional if someone submits the FL 390.

Service is required. The motion must be served to the other party and, when applicable, to the local child support agency before filing in court.

• Misconception 5: The court will directly contact the person filling out the FL 390 after submission.

It’s the responsibility of the person submitting the form to attend the hearing and follow up with the court regarding any updates.

• Misconception 6: I can serve the motion myself.

Individuals cannot serve the motion themselves. It must be delivered by someone else who is at least 18 years of age and not involved in the case.

• Misconception 7: The form is only valid in California.

The FL 390 form is specific to California's legal system. Other states have different forms and procedures for modifying support orders.

• Misconception 8: The FL 390 form can be filed at any court location.

It must be filed at the specific court where the original support order was made, as stated in the form instructions.

• Misconception 9: It’s acceptable to submit the FL 390 without additional documentation.

Support calculations, financial statements, or proof of changes in circumstances are usually necessary to support the request for modification.

Here are key takeaways regarding the FL 390 form for modifying support orders:

• The FL 390 form is used to request a modification of child, spousal, or family support in California.
• All parties involved in the case, including local child support agencies, must be properly notified.
• Accurate completion of the form is critical; double-check all information before submission.
• A hearing date, time, and location must be specified in the motion.
• Your request may include changes to child support, spousal support, or family support amounts.
• Supporting documentation, such as a Financial Statement or Income and Expense Declaration, is usually required.
• A modified earnings assignment can be requested through the same motion.
• The form requires your declaration under penalty of perjury, ensuring that your statements are truthful.
• Proof of service must be filed with the court after the motion is served to the necessary parties.
• Anyone who is not a party to the case and is at least 18 years old can serve the documents.

Completing and submitting the FL 390 form thoroughly can positively impact your case. If you have any questions, it’s best to consult with a legal professional for guidance.