Fill and Sign the Information Sheet Support

FL-391 INFORMATION SHEET SIMPLIFIED WAY TO CHANGE CHILD, SPOUSAL, OR FAMILY SUPPORT New laws make it easier for a person to ask the court to raise or lower the amount paid for child, spousal, or family support . How to Ask for a Change 1. Get copies of these forms: · Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support ("Notice of Motion") (form 1285.30). · Responsive Declaration to Motion for Simplified Modification for Child, Spousal, or Family Support (form 1285.32). · Findings and Order After Hearing (form 1296.31). · Financial Statement (Simplified) (form 1285.52) or Income and Expense Declaration (form 1285.50). The court clerk's office, the office of the family law facilitator, or the district attorney family support office, can tell you where to get these forms. 2. Fill out and sign the form Notice of Motion. Check with your local court clerk's office or the office of the family law facilitator to see if the forms must be typewritten . 3. Fill out the form Financial Statement (Simplified) , if you are allowed to use the form. See the instructions on the back side of the form to see if you qualify; otherwise you must fill out the Income and Expense Declaration . You must attach copies of your most recent form W-2's, and three most recent back pay check stubs, the form Financial Statement (Simplified) or the form Income and Expense Declaration. 4. You must schedule a hearing date with your court clerk's office before filing and serving these papers. You must enter the hearing date in item 1 of the Notice of Motion. 5. Make at least three copies of these forms after you have completed them: · Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form 1285.30). · Financial Statement (Simplified) (form 1285.52) or Income and Expense Declaration (form 1285.50). 6. You must have one copy of each of the following papers served on the district attorney and on the other party , if the other party is not the county: · Your Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form 1285.30). · Your Financial Statement (Simplified) (form 1285.52) or Income and Expense Declaration (form 1285.50). · A blank Responsive Declaration to Motion for Simplified Modification for Child, Spousal, or Family Support (form 1285.32). · A blank Financial Statement (Simplified) (form 1285.52) or Income and Expense Declaration (form 1285.50). For instructions on how to serve these papers properly, see the information box on the Proof of Service, found on the reverse of the Notice of Motion. Whoever serves the papers should fill out and must sign the Proof of Service. 7. Take the original of each of the completed forms to the court clerk's office for filing. If you or your attorney have not filed any other papers in the case, you must do one or more of the following: · Pay a first appearance filing fee to the court clerk when you go to file these papers (you can find out what the amount of the fee is from the court clerk's office or the office of the family law facilitator); or · Pay a fee to file this motion with the court clerk, even if you or your attorney have already filed papers in this case; or · Apply for a fee waiver. For more information on how to request a waiver of the filing fees, get the form Information Sheet on Waiver of Court Fees and Costs (form 982(a)(A)). PAGE 1 OF 2 Form Adopted by for Optional Use Judicial Council of California FL-391 [Rev. January 1, 2003] INFORMATION SHEET–SIMPLIFIED WAY TO CHANGE CHILD, SPOUSAL, OR FAMILY SUPPORT Family Code, § 3680 electronic form WWW.LawCA.com Law Publishers Using an Attorney If you use this method to modify support, you may hire an attorney to represent you in court, or you may represent yourself. If you hire an attorney, you will have to pay the cost. The court will not provide you with a free attorney. If the county is the other party, and if one of the parties is receiving welfare benefits, or if one of the parties has asked the district attorney to enforce support, a representative from the district attorney's office will be present at the hearing. REMEMBER: The district attorney does not represent any individual in this lawsuit, including the child, the child's mother, or the child's father. Agreeing to Support Before the Hearing A court hearing may not be necessary to modify the current support order, if you are able to reach an agreement with the other party. Note that if an agreement is reached with the other party, you must prepare an order and submit it to the court for the judge's signature and file the order with the court clerk's office. If one of the parties is receiving welfare benefits or the district attorney is enforcing the support order, the district attorney must sign the agreement before it is filed with the court. Hearing Even if neither the district attorney nor the other party has filed a response to your Notice of Motion , the judge may still require a hearing. Make sure you bring with you a copy of your Notice of Motion, Financial Statement (Simplified) or Income and Expense Declaration , your most recent federal and state income tax returns and form W-2's, and three most recent pay check stubs. The other party has a right to see your financial information, and you have the right to see the other party's financial information. Court Order Once the judge makes a decision, you may be required to prepare the form Findings and Order After Hearing (form 1296.31). If the support order has changed, you may also be required to prepare a modified Wage and Earnings Assignment Order (form 1285.70). You will not have to prepare these documents if the district attorney is involved. If you have prepared these documents yourself, you must make sure that they are signed by the judge. Check with the court clerk's office or the office of the family law facilitator for the proper procedure. After the Wage and Earnings Assignment Order is signed by the judge and filed, it must be served on the noncustodial parent's employer, on the other party, and on the district attorney if the district attorney is involved in the case FL-391 [New January1, 2003] INFORMATION SHEET–SIMPLIFIED WAY TO CHANGE CHILD, SPOUSAL, OR FAMILY SUPPORT PAGE 2 OF 2electronic form WWW.LawCA.com Law Publishers