I am a little confused how to complete FL-320. I know I need to check all the boxes that were checked on the OSC. But, if I do not consent to the order requested, what does it mean when it says "I do not consent to the order requested, but I consent to the following order."? Do I simply refer to my attached supporting information? Do I need to right anything at all besides checking the box? In what circumstances would one want to write something there.
Also, for the child support boxes, which one should I check if I already have an open case with DCSS? Please correct me if I am wrong, but it is my understanding that since I already opened a DCSS case, they have juristiction over Family Court and child support will not be heard at the Family Court hearing.
One more question: The Petitioner did not check the seeking attorney fees box on the FL-300 and did not make an argument in her declaration. But on FL-310, Application for services, the box was checked asking for attorney fees. Will that even be considered in court since it wasn't completed on the FL-300? Do I need to even address it in my response? Thanks
Family Law Attorney
When you say, "I consent to the following order," you should include the order that you would agree to, or the order that you want. Let's say the movingparty is requesting visitation every weekend. You may not consent to this as an order, but you would consent to the following order, "visitation every other weekend." You will use the Supporting Declaration to explain your position in detail, but use the form FL-320 to state an abbreviated version of the order you want.
Generally, as for child support, you would only fill-out this information in your response if the moving party has included it as an issue for the Order to Show Cause. Regardless of the open DCSS case, you have to respond on the FL-320. It's not necessarily a question of jurisdiction. You would respond on the FL-320 form with something like, I consent to guideline support.
You can also set-up an appointment with the Facilitator's Office to help you properly reply to the OSC.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship