Fill and Sign the Complaint Parental Form

––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– –– –– ––––– –– ––––– ––––– ––––– ––––– ––––– –– –– –– –– –– ––––– ––––– ––––– –– –– –– ––––– ––––– ––––– –– –– ––––– ––––– –– ––––– –– ––1 . ––––– 2. ––––– –– –– –– –– ––––– ––––– FL- 600 GOVERNMENTAL AGENCY (under Family Code, §§ 17400 and 17406): FOR COURT USE ONLY TELEPHONE NO. (Optional): FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME PETITIONER/PLAINTIFF : RESPONDENT/DEFENDANT : OTHER PARENT: SUMMONS AND COMPLAIN T SUPPLEMENTAL COMPLAINT CASE NUMBER AMENDED COMPLAINT REGARDING PARENTAL OBLIGATIONS TO (name): The local child support agency has filed this lawsuit against you. This lawsuit says you and the other parent are the parents of each child named in this complaint and that the obligor may be required to pay child support. The attached proposed Judgment Regarding Parental Obligations (form FL-630) names you and the other parent as parents of each child listed below and, if there is an amount stated in item 6, orders the obligor to pay support for these children. If you disagree with the proposed Judgment, you must file the attached Answer form with the court clerk within 30 days of the date that you were served with this Complaint. If you do not file an Answer, the proposed Judgment will become a final determination of parentage. If you are required to pay child support, the payments may be taken from your pay or other property without further notice. See the attached statement of your rights and responsibilities for more information. La agencia local para la ayucla del niho ha presentaclo Una demanda judicial en contra cle Usted. Esta demanda dice que Usted y el otro padre son los padres cle cada niho nombrado en esta queja y que el obligable puede ser requericlo pagar la ayucla del niho. El juicio propuesto asociado con respecto a las obligaciones parientales (formulario FL-630) nombra a Usted y al otro padre como padres cle cada niho enumerado abajo y, si hay Una canticlad inclicada en la linea 6, ordena al obligador pagar la ayucla cle estos nihos. Si usted opone el juicio propuesto, Usted debe clasifiar el formulario asociado con la respuesta con el actuario cle la corte dentro cle 30 dias cle la fecha que le dieron la Queja. Si Usted no clasifia Una respuesta, el juicio propuesto se convertir6 en Una cleterminaci6n final cle parientes. Si le requieren pagar la ayucla del niho, los pagos se pueden tomar cle su sueldo o cle otra caracteristica sin aviso adicional. Vea la declaraci6n asociada con sus derechos y responsibiliclacles para m6s informaci6n. 1. The local child support agency is asking the court to issue judgments or orders for these children starting on the ''beginning dates- Date of Establi sh Establi sh Modi fy Beginnin gNa me Bir th Parenta ge Suppo rt Ord er Da te Additional children are listed on a page (labeled Attachment 1) attached to this complaint. 2. a. The parents of the children named in item 1 are Mother (name): Father (name):b . Defenda nt Other parent is named as the father of the children listed in item 1 in the declaration of paternity on file with County local child support agency. County welfare department. Notice to person served: You are served 1 .2 . 3 . as an individual defendant. on behalf of a minor child or children. other (specify): Dat e: Clerk, by , Deput y Page l of 6 SUMMONS AND COMPLAINT OR SUPPLEMENTAL COMPLAINT REGARDING PARENTAL OBLIGATIONS (Governmental) Family Code §§ 2330.1 17400 17402,1~404,1742~,17436Form Adopted by for Manditory Use Judicial Council of California FL-600 [Rev. July 1, 2003] el ectr onic form ã 2002 WWW.LawCA.co m L a w P u b l i s h e r s ––––– ––––– ––––– ––––– –– –– –– –– ––––– –– ––––– –– ––––– –– ––––– ––––– –– ––––– –– ––––– ––––– –– –– –– ––––– ––––– –– ––––– –– ––––– ––––– –– ––––– –– –– ––––– –– ––––– –– –––––PETITIONER/PLAINTIFF : CASE NUMBER RESPONDENT/DEFENDANT : OTHER PARENT: 2. c. The Obligor (the parent asked to pay support) is the Petitioner/Plaintif f Respondent/Defenda nt Other parent 3. Complete the following section if support is being requested but the establish parentage box has not been checked above. Please specify each child. You do not need to complete this section if a final judgment of parentage was previously entered under this case numbe r. a . A Voluntary Declaration of Paternity signed by mother and father is on file with the California Department of Child Support Services for the following children (specify): b . Children were conceived during the marriage of mother and father. (Name of children): c . Judgment of Parentage has previously been entered. (Name of children): d . Other (specify): (Name of children): 4. a. Some or all of the children named in item 1 are receiving or have received public assistance from the following counties (specify ): b . Date public assistance first paid: 5. Other (specify): THE LOCAL CHILD SUPPORT AGENCY REQUESTS 6 . That the court determine that the persons listed in item 2 are the parents of the children listed on page one. 7 . That, based on the California support guideline, the court order the obligor to pay: a . $ per month, and, if applicable, the obligee's known income of: $ current monthly child support based on the obligor's known income of: $ per month. b . $ c . $ current monthly child support based on the obligor's presumed income, as provided by law. additional monthly child support for the following reasons (specify): d . $ child support from the beginning dates specified in item 1 through the end of the month in which this complaint is filed date (specify): for the following children (specify): 8 . Other (specify): 9 . That the court order the obligor to provide health insurance for each child named in item 1 and to complete the attached health insurance form and immediately return it to the office of the local child support agency at the address printed in the top left corner of page one, and that a National Medical Support Notice be issued. NOTICE: The obligor's employer or other person providing health insurance will be ordered to enroll the children in an appropriate health insurance plan if the obligor is found to be the parent. (Fam. Code, section 3761) 10. That a wage and earnings assignment be ordered. SUMMONS AND COMPLAINT OR SUPPLEMENTAL COMPLAINT REGARDING PARENTAL OBLIGATIONS (Governmental) Page 2 of 6FL-600 [Rev. July 1, 2003] el ectr onic form ã 2003 WWW.LawCA.co m L a w P u b l i s h e r s ––––– ––––– ––––– ––––– ––––– 14. Number of pages attached: ––––– ––––– –––––PETITIONER/PLAINTIFF : CASE NUMBER RESPONDENT/DEFENDANT : OTHER PARENT: 11. That the court order the parents to complete a Child Support Case Registry Form (form 1285.92) and send (deliver or mail) it to the local child support agency within 10 days. 12. That the court order the obligor to make all payments to (specify): 13. That the other parent be added as a party to this case. This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner acting as a temporary judge. The court commissioner may still hear your case to make findings and recommendations to a judge about your case. However, if you object to the commissioner's acting as a temporary judge, an order will not be made until a judge reviews your case. Dat e: (TYPE OR PRINT NAME) (ATTORNEY FOR LOCAL CHILD SUPPORT AGENCY) NOTIC E IF YOU WANT LEGAL ADVICE, CONTACT A LAWYER IMMEDIATELY. A Statement of Rights is attached to this document. Please read it carefully. SUMMONS AND COMPLAINT OR SUPPLEMENTAL COMPLAINT REGARDING PARENTAL OBLIGATIONS (Governmental) Page 3 of 6FL-600 [Rev. July 1, 2003] el ectr onic form ã 2003 WWW.LawCA.co m L a w P u b l i s h e r s ––––– ––––– ––––– ––––– –– PETITIONER/PLAINTIFF : CASE NUMBER RESPONDENT/DEFENDANT : OTHER PARENT: STATEMENT OF RIGHTS AND RESPONSIBILITIES NOTICE to the defendant: The proposed Judgment will be entered against you unless you file your written Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (form 1299.04) with the court clerk within 30 days of the date you were served with the Complaint The proposed Judgment will be entered whether or not you have a lawyer. If you were served with a form telling you the date of a court hearing, you should go to court on that date. An order may be entered without your input if you do not attend the hearing. AVISO al Demandado: El juicio propuesto seni incorporado contra Usted a menos que Usted clasifie su respuesta escrita a la Queja o Suplemental con respecto a la obligaci6n pariental (formulario 1299.04) con el actuario de la corte dentro de 30 dias de la fecha que le sirvieron la Queja. El juicio propuesto seni incorporado aunque Usted tenga o no tenga abogado. Si le sirvieron con un formulario que le indica la fecha de una audiencia de corte. Usted debe ir a corte esa fecha. Una orden se puede incorporar sin su aviso o consulta si Usted no asiste a la audiencia. NOTICE TO BOTH PARENTS The local child support agency has sued both of you to determine whether you are the parents of the children listed and if one or both of you should be ordered to pay child support. The local child support agency does not represent any individual in this lawsuit, including either parent or the children. Carefully read this statement and the other papers that you received. You have the right to be represented by a lawyer. If you dispute that you are the parent of the children listed in the Complaint and you do not have enough money for a lawyer, you may ask the court to appoint a lawyer to represent you on the issue of parentage. Settling Out of Court You may contact the local child support agency to try to work out a settlement agreement. However, you must still file an Answerform within 30 days. If you and the local child support agency can reach an agreement regarding the requests made in the Complaint, you may sign a settlement agreement called a STIPULATION. By signing a stipulation you are agreeing to give up your rights explained in this statement and you are agreeing that you are the parent of the children listed in the Complaint and you will obey all of the terms of the stipulation. The stipulation will become a court order which you must obey. Other information about court-appointed lawyers (specify): A blank Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (form 1299.04) is included in the papers that were served on you. If you did not receive an Answer form or if you would like another copy, you may get one from the local child support agency, the court clerk's office, or the Family Law Facilitator. The Family Law Facilitator can also help you to fill out the Answer form. You must file your Answer form with the court clerk within 30 days of the date you were served with the Complaint whether or not you obtain an attorney. Going to Court If you file your Answer form, you have the right to a court hearing, to subpoena witnesses, to ask questions of any witness against you, and to present evidence on your behalf. Genetic tests may be performed if the defendant questions parentage of the children listed in the Complaint. If the defendant refuses to cooperate in the genetic testing process, the issue of parentage may be resolved against the defendant. The costs of the genetic testing may be charged to one of you. This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner's acting as a temporary judge. SUMMONS AND COMPLAINT OR SUPPLEMENTAL COMPLAINT REGARDING PARENTAL OBLIGATIONS (Governmental) Page 4 of 6FL-600 [Rev. July 1, 2003] el ectr onic form ã 2003 WWW.LawCA.co m L a w P u b l i s h e r s ––– ––––– –––––––––– ––––– ––––– ––––– ( )PETITIONER/PLAINTIFF : CASE NUMBER RESPONDENT/DEFENDANT : OTHER PARENT: The court commissioner may still hear your case to make findings and recommendations to a judge about your case. However, if you object to the commissioner's acting as a temporary judge, an order will not be made until a judge reviews your case. ask the court to decide issues concerning support, custody, visitation, and restraining orders (domestic violence). No other issues may be raised in this lawsuit. Either parent may go to court to modify the court order. The local child support agency cannot bring You can object to the commissioner's acting as a temporary judge in two ways: (1) by telling the proceedings to establish or modify custody, visitation, or restraining orders. commissioner in court, at the start of your hearing, that you object or (2) by delivering a written objection to the court clerk. You must object before the hearing in your case begins. You do not have to give a reason for your objection. After the other parent has become a party to the lawsuit, either parent may go to court to enforce the existing order against the other, but must first notify the local child support agency as required by law. The local child support agency is allowed 30 days to determine All orders for support must contain an earnings assignment. If you are obligated to pay support, this assignment will require your employer or other payor to deduct support payments from your salary or earnings and send the payments to the local child support agency. Your employer may also be required to enroll your children in a health insurance plan and deduct the cost from your salary or earnings. whether or not a parent will be permitted to proceed with the enforcement action against the other. The local child support agency may deny a parent permission to proceed if it is currently taking enforcement action or if the action by a parent would interfere with an investigation. If the local child support agency does not respond to the notice by the parent seeking Any amounts you owe may be collected from your property, whether or not you are current in your payments toward past due support. Collection may be made by taking money owed to you by the state or federal government (such as tax refunds, unemployment and disability benefits, and lottery winnings), by taking property you own, by placing a lien on your property, or by any other lawful means. You may be fined or imprisoned if you fail to pay support as ordered. enforcement within 30 days or if the local child support agency notifies the parent seeking enforcement that the enforcement action can proceed, the parent may then file the enforcement action as long as all support is paid through the local child support agency. If the local child support agency does not know how much money the Obligor (parent asked to pay support) earns, he or she is presumed to earn enough money to pay the amounts stated in item 6b of the proposed Judgment (form 1299.13). If the custodial person receives public assistance, the local child support agency may agree to settle any parentage or support issue in this lawsuit without providing advance notice to the custodial person. A child support agency may not settle any child support issue without the consent of any parent who is an applicant for child support services and who does not receive public assistance. OTHER IMPORTANT INFORMATION Both parents should tell the local child support agency everything they know about the other parent's earnings and assets. The local child support agency is required, under Section 466(a)(1 3) of the Social Security Act, to place in the records pertaining to child support the social security number of any individual who is subject to a divorce decree, support order or paternity determination or acknowledgment. This information is mandatory and will be kept on file at the local child support agency. Your Family Law Facilitator is available to help you with The defendant is always a party to this action. If the other parent has requested or is receiving services from the local child support agency, that parent will become a party to the lawsuit filed by the local child support agency after the initial support order or medical support order is entered by the court. After the other parent has any questions you may have about the above information. You can reach your Family Law Facilitator by telephone at: - or in person at: become a party to the lawsuit either parent may then SUMMONS AND COMPLAINT OR SUPPLEMENTAL COMPLAINT REGARDING PARENTAL OBLIGATIONS (Governmental) Page 5 of 6FL-600 [Rev. July 1, 2003] el ectr onic form ã 2003 WWW.LawCA.co m L a w P u b l i s h e r s