Obtain required child support modification motion California judicial council forms from internet or local superior court - family law division. I have placed a link on this article to the California Judicial Council Form website. It will be necessary to already have a court case number to file a motion for modification of child support. If you have been divorced or already have a court order for child support as either the payee or payor, then you have a court case. You will need the court case number which will be located on your previous court paperwork.
How to Fill Out Notice of Motion Form
Fill out Notice of Motion Form FL 301. Start by placing your name, address and telephone number in top box. Below or next to your name write/type "in pro per." If not already typed in, place the Court's name and address in box where indicated. Place court case number where indicated. It will be necessary to know whether you are the Petitioner or Respondent and place your name on form accordingly. Check the boxes "modification" and "child support." Fill out section 1 by placing the other parent's name in box. Do not fill out section 2 unless you already have Court date. Court clerk will place date, time and department when you present motion for filing at Court. Fill out section 3 by checking box "b." and print/type name, sign, and date. Do not fill out page 2.
How to Fill Out Application for Order
Fill out Application for Order and Supporting Declaration Form FL 310. On page 1, place your name and other parent's name in proper place at top of form. Place case number where indicated. Check the box of "petitioner" or "respondent", whichever you are. Check box "3." and place your child's name where indicated in section "3.a.", under "3.b. monthly amount" place the words "Guideline." Check box "3.c." and place required information. If you are not sure of correct answer, check box and leave blank. On page 2, place names at top of page again and case number. Check box "10." Explain why you are requesting a modification of child support such as lost job, reduction in pay rate, other parent has had an increase in income, and/or an increase or decrease in child visitation. It will be necessary to be clear and precise as to what has changed that requires an increase or decrease in child support. Do not discuss emotional issues, this is a matter or dollars and cents. Date and sign.
How to Fill Out the Income and Expense Declaration
Fill out Income and Expense Declaration Form FL 150. Start by placing your name, address and telephone number in top box. Below or next to your name write/type "in pro per." If not already typed in, place the Court's name and address in box where indicated. Place court case number where indicated. It will be necessary to know whether you are the Petitioner or Respondent and place your name on form accordingly. Fill out pages 1-4 answering every section as thoroughly as possible. Print name, date and sign front page. Attach a copy of your income information (last two pay stubs, 1099(s), W-2(s), and/or profit and loss statement)to the Income and Expense Declaration. An Income and Expense Declaration is always required when requesting a modification of child support in California.
Arrangement of Paperwork for Filing with Court
Arrange the paperwork so that the Notice of Motion form is placed on top of the Application for Order and Supporting Declaration (and Declaration form if used). This is called a "motion." The Income and Expense Declaration is an independent document and should be kept together as such (pages 1-4 with all supporting income information attached thereto). Make two copies of the original Notice of Motion, Application for Order and Supporting Declaration (and Declaration Form if used), and Income and Expense Declaration with income information attached thereto. Two hole punch the top of all original documents (courts require this for ease in filing in court's file).
Filing the Documents to Modify Child Support with the Court
Take original and two copies of Motion paperwork packet and Income and Expense Declaration paperwork packet to the California superior court for filing. The paperwork must be filed in the county where the original underlying action was filed. If you are out of the area, you may file a motion via U.S. mail, however, you will need to include a fully postage paid self addressed stamped envelope for the court to return the paperwork to you. There is usually a filing fee to file a child support modification motion. The court may waive the filing fee if you qualify to do so, however, you will need to fill out a Fee Waiver Application and Order on Fee Waiver Application. Otherwise bring the required filing fee with you to court or include check for proper amount payable to court if filing by mail. Check with your local superior court for the proper filing fee.
Serving the Child Support Motion on the other Parent or Party
After child support modification motion and related paperwork is filed, you must serve the other parent with a copy of the Motion paperwork packet, Income and Expense Declaration packet, blank Responsive Declaration, and a blank Income and Expense Declaration. Service can be accomplished by having a person over the age of 18, not a party to the action, mail the packet to the other parent. If the other parent is represented by an attorney, you will also need to serve the attorney by mail.
How to Fill Out the Proof of Service and File it with the Court
Once service has been completed, fill out Proof of Service by Mail form FL 335. Place your name, address and telephone number in top box. Below or next to your name write/type "in pro per." If not already typed in, place the Court's name and address in box where indicated. Place court case number where indicated. It will be necessary to know whether you are the Petitioner or Respondent and place your name on form accordingly. In section 2 the person who served the paperwork on the other parent will need to place their residence or business address. In section 3 print/type "Notice of Motion and Income and Expense Declaration." Check box "a." or "b." Fill out section 4 with the other parent's information and/or attorney's information where motion was sent. Have the person who served the other parent and/or attorney print their name, date and sign the bottom of the form. Make two copies of the Proof of Service by Mail and file with the court in the same manner as Step 7. No filing fee.
Attending Court to Request the Modification
Attend your Court date to request a child support modification. Dress appropriately for court, no t-shirts, shorts, jeans or flip flops. Be on time for your hearing. It is advisable to attend court proceedings prior to your court date to learn tips for presenting your case.
Additional resources provided by the author
Nolo press has many useful publications on many family law matters that may be of assistance. Please note that family law matters in California can be very complex, there is no substitute for consulting with an attorney in your area!
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