Can FL-455 be signed electronically?

Drafting and internal approvals may use electronic signatures but final court acceptance depends on local court rules. ESIGN and UETA permit e-signatures generally, yet courts sometimes require original or judge-signed orders.

How is the employer notified?

Serve the employer with a copy of the filed order per court service rules; employers typically require proof of service and a signed order to halt payroll deductions.

What supporting documents are recommended?

Include a declaration explaining changed circumstances, payment history, and any proposed payment plan to give the judge context for granting a temporary stay.

Will the stay stop withholding immediately?

Effectiveness depends on employer receipt and payroll cycles; the court order's effective date governs legal compliance but payroll timing can cause a brief lag.

Can the stay be granted without a hearing?

Courts may grant an ex parte or temporary stay in urgent cases, but many stays are set for hearing where both parties can present evidence.

How do I revoke or modify a stay?

File a subsequent noticed motion or stipulation to modify or vacate the stay, and serve all parties and the employer to ensure payroll correctly resumes or changes.

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FL-455 Stay of Service of Earnings Assignment and Order

FL-455 Stay of Service of Earnings Assignment and Order

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

STAY OF SERVICE OF WAGE ASSIGNMENT ORDER AND ORDER

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) :

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

FL-455

TELEPHONE NO.:

Name and Address) FOR COURT USE ONLY

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

Stay Termination of Stay

OF SERVICE OF WAGE ASSIGNMENT ORDER AND ORDER

CASE NUMBER:

APPLICATION FOR STAY

(NOTICE: If this application is made separately from a hearing on support, you must get a hearing date from the clerk and give notice. See below.)

I request the court to stay the service of the wage assignment in this case because (check one or more applicable reasons):

1. I have paid fully and on time the previously ordered support for the last 12 months, and I do not owe any back support arrearages).

2. I have not been subject to a support order for the last 12 months, but I have posted cash cash bond with the clerk of the court in the amount of $ which is equal to three months' support, and I do not owe any back support (arrearages).

3. Service of the wage assignment would cause extraordinary hardship on me as follows (state reasons): (Note: You must prove these reasons at any hearing on this application by clear and convincing evidence.)

4. I have a written agreement with the party receiving support that provides a stay of service of the wage assignment. A copy of the agreement is attached. (Note: This agreement must be signed by the district attorney if support is payable to a county officer designated for that purpose.)

5. My employer or the district attorney has been unable to deliver the support payments to the recipient for at least six months because the recipient has not notified my employer or the district attorney of a change of address. (Attach statement under oath by employer or district attorney.)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

NOTICE OF HEARING

A hearing on this application will be held as follows:

a. Date:

Time:

Dept.:

Room:

b. The address of the court is shown above is:

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

CASE NUMBER:

APPLICATION FOR TERMINATION OF STAY

I request the court to terminate the stay of service of the wage assignment previously issued in this case

on because (check one or more applicable reasons):

1. The person required to make payments has missed at least one payment of support, which continues unpaid. (Note: A false statement about missed payments is punishable as a contempt.)

2. I am the person required to make the payments, the district attorney, and I wish the stay terminated.

3. The reasons for granting the stay no longer exist. (Hearing required. See reverse for notice of hearing.) (State facts showing the previous reasons for granting the stay no longer exist):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

PROOF OF SERVICE BY MAIL

1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify):

2. I served a copy of this Application re stay of service of wage assignment order by enclosing it in a sealed envelope with first class postage fully prepaid and depositing it in the United States Postal Service as follows:

a. Date of deposit:
b. Place of deposit (city, state):
c. Addressed as follows:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

ORDER

GOOD CAUSE APPEARING:

1. Service of the wage assignment issued in this action is stayed.

2. The stay of service granted above shall terminate without further order on (date):

3. The previously ordered stay of service of the wage assignment made on (date): is terminated, and the wage assignment previously issued in this case may be served.

Date:

Form Adopted by for Manditory Use

Judicial Council of California

FL-455 [Rev. January 1, 2003]

STAY OF SERVICE OF WAGE ASSIGNMENT ORDER AND ORDER

(Family Law)

page1 of 2

Civil Code, §§

4390.3, 4390.4

What the FL-455 Stay of Service of Earnings Assignment and Order Is

FL-455 Stay of Service of Earnings Assignment and Order is a California court form used to request a temporary suspension of an earnings assignment (wage garnishment) while the court evaluates changed circumstances, payment arrangements, or procedural defects. The form identifies the case, parties, employer, and the scope of the requested stay, and it is submitted to the family law or child support division for judicial review. Courts use the completed FL-455, supporting declarations, and proposed order to decide whether to halt employer withholding and under what terms.

Why a Stay May Matter in Your Case

A stay temporarily halts active wage assignment collection, prevents immediate deductions while the court reviews disputes or payment proposals, and provides a clear record for employers and agencies pending judicial decision.

Who Typically Prepares and Files FL-455

Primary filers include parents, attorneys, and county child support agencies requesting temporary relief from wage withholding.

Obligor seeking temporary pause due to financial hardship or changed employment.
Recipient or support agency requesting enforcement adjustments or accounting clarifications.
Family law attorneys filing on behalf of clients to formalize temporary payment arrangements.

Step-by-Step: Preparing and Filing FL-455

Follow these steps to prepare, verify, and submit FL-455 so the court can consider a temporary stay of an earnings assignment.

01

Gather Documents: Collect prior orders, payment history, and supporting declarations.
02

Complete Form: Enter case details, employer information, requested stay terms.
03

File with Court: Submit to the family law or child support clerk per local rules.
04

Serve Parties: Serve employer and opposing party according to court service requirements.

Required Information and Fields at a Glance

Case Number: Exact case number from court papers

Names of Parties: Full legal names for both parties

Employer Details: Employer name and payroll address

Amount Due: Current arrears and periodic sum

Effective Date: Enter as MM/DD/YYYY

Signature and Date: Signer name, signature, and date

Key Components to Include in a Professional FL-455

A complete FL-455 includes the legal framing of the stay, clear employer instructions, supporting evidence, and explicit time or condition limits so courts and payroll can act.

Order Language

State the precise relief requested (temporary stay of earnings assignment), the scope of prohibited withholding, and any express exceptions to avoid ambiguity during employer implementation.

Stay Duration

Specify the requested effective date and end date or tie the stay to a hearing date or payment condition so the court and employer know when payroll actions resume.

Conditions

Detail any conditions that must be met for the stay to remain in force, such as a proposed payment plan or proof of changed circumstances.

Employer Instructions

Provide clear employer directives: stop withholding, confirm receipt in writing, and identify the payroll contact to reduce implementation errors and protect employee income.

Service Information

List how the employer and other parties were served, including method and date, so the court record documents proper notice and timing for compliance.

Judicial Signature

Include space for the judge or judicial officer to sign and date; without a signed order, employers may not legally alter withholding.

How to Customize and Complete FL-455 Online

Use digital tools for draft preparation, field validation, and secure distribution while observing local filing rules for originals and court signatures.

Field	Configuration
Auto-fill case data	Prepopulate case number and names from docket
Assign signer roles	Designate filer, attorney, and clerk signature roles
Authentication	Require email or SMS code for signer verification
Attach exhibits	Include supporting declaration and payment records

Where to File, Serve, and Send FL-455

Filing and service paths vary by county; typically file with the family law or child support clerk and serve employer and the opposing party according to local rules.

File with Court: Submit FL-455 to the court clerk per local filing options
Serve Employer: Serve employer payroll or HR per court service methods
Serve Parties: Provide opposing party with copies via allowed service
Confirm Receipt: Obtain proof of service and employer acknowledgement

Digital Signing and eSubmission Considerations

Electronic preparation and e-signing are suitable for draft completion and internal approvals, but final filing and court signature rules vary by jurisdiction.

Supported Formats: PDF and DOCX are widely accepted
Authentication: Email, SMS, or stronger multi-factor methods
Audit Trail: Timestamped logs and signer metadata

Preserve the full audit trail and a certified PDF of the signed FL-455; retain proof of service and any employer confirmations to support compliance and future hearings.

Timelines, Deadlines, and Typical Processing Expectations

Timelines depend on court calendars, service method, and employer payroll cycles; file promptly and serve the employer to reduce the chance of continued withholding.

Request for Hearing:

Timing varies by county; request a prompt hearing if immediate relief is needed

Service to Employer:

Serve prior to payroll cutoff to minimize additional deductions

Court Review:

Court may act ex parte or schedule a hearing depending on urgency

Employer Response:

Employer implementation time depends on payroll cycle and internal procedures

Reinstatement Terms:

Order should specify conditions and notice required for reinstating assignment

Common Pitfalls to Avoid When Preparing FL-455

Using an incorrect case number causes clerk rejection and filing delays that prolong enforcement activity.
Failing to serve the employer correctly can result in continued wage withholding despite a filed stay request, prolonging financial harm.
Omitting supporting payment records or declaration reduces the chance a judge will grant temporary relief ex parte.
Relying on a typed or electronic signature without confirming court acceptance may require a wet signature or judicial signature later.

Consequences and Risks of an Incorrect or Incomplete FL-455

Continued Withholding: If service or order is defective, employer may continue deductions

Delayed Relief: Incomplete filings prolong time before stay or hearing

Clerk Rejection: Incorrect case data can lead to rejection or refile

Employer Noncompliance: Poorly drafted instructions may confuse payroll staff

Court Sanctions: Misrepresentations can expose filers to court sanctions

Financial Harm: Delay or error can cause unintended hardship to parties

eSignature Vendor Snapshot for FL-455 Workflows

Selected vendor attributes relevant to preparing and sharing FL-455 and supporting exhibits. signNow is listed first for direct product comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About FL-455

Answers to common procedural and technical questions about preparing, serving, and enforcing a stay of earnings assignment using FL-455.

Need help? Contact support

Can FL-455 be signed electronically?
Drafting and internal approvals may use electronic signatures but final court acceptance depends on local court rules. ESIGN and UETA permit e-signatures generally, yet courts sometimes require original or judge-signed orders.
How is the employer notified?
Serve the employer with a copy of the filed order per court service rules; employers typically require proof of service and a signed order to halt payroll deductions.
What supporting documents are recommended?
Include a declaration explaining changed circumstances, payment history, and any proposed payment plan to give the judge context for granting a temporary stay.
Will the stay stop withholding immediately?
Effectiveness depends on employer receipt and payroll cycles; the court order's effective date governs legal compliance but payroll timing can cause a brief lag.
Can the stay be granted without a hearing?
Courts may grant an ex parte or temporary stay in urgent cases, but many stays are set for hearing where both parties can present evidence.
How do I revoke or modify a stay?
File a subsequent noticed motion or stipulation to modify or vacate the stay, and serve all parties and the employer to ensure payroll correctly resumes or changes.

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