The California FL 360 form serves as a formal request for a hearing and application to set aside a support order under Family Code Section 3691. This document is crucial for individuals seeking to challenge a previously established support order due to reasons such as fraud, perjury, or lack of notice. If you need to fill out this form, please click the button below.
The California FL 360 form plays a crucial role in family law, specifically regarding support orders. This form is utilized by individuals seeking to request a hearing and apply to set aside an existing support order under Family Code Section 3691. It requires the identification of the parties involved, including the petitioner, respondent, and any other parents. Essential details such as case numbers, court addresses, and contact information must be filled in. The form also outlines the grounds for requesting to set aside the order, including fraud, perjury, or lack of notice. Additionally, it mandates that the requester comply with specific time limits, ensuring that the application is filed within six months of discovering the relevant issues. Supporting facts must be provided, typically in an attached declaration. Importantly, the form includes information regarding the potential referral to a court commissioner and the options available to contest a recommended order. Finally, it offers guidance on requesting accommodations for individuals with disabilities, ensuring accessibility for all parties involved.
FL-360
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (Name, State Bar number, and address):
FOR COURT USE ONLY
TELEPHONE NO.:
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:
CASE NUMBER:
REQUEST FOR HEARING AND APPLICATION TO SET ASIDE SUPPORT
ORDER UNDER FAMILY CODE SECTION 3691
1. To
petitioner (specify name):
local child support agency
other (specify):
respondent (specify name):
other parent (specify name):
A hearing on this application will be held as follows:
a. Date:
Time:
Dept.:
Div.:
Room:
b. The address of the court where the hearing will be held is
same as above
2. An order was entered in this case on (date):
to pay support. I request that the order be set aside.
3. Grounds for this request are (check all that apply):
a.
Fraud
b.
Perjury
c.
Lack of notice
requiring
4.
I have complied with the time limits for filing this request to set aside the order (check one):
Request brought within six months after the date I discovered or reasonably should have discovered the fraud.
Request brought within six months after the date I discovered or reasonably should have discovered the perjury.
Request brought within six months after the date:
(1)
I obtained or reasonably should have obtained notice of the support order or
(2)
my income and assets were subject to attachment under the support order.
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Form Adopted for Mandatory Use
Family Code, §§ 3690–3693
Judicial Council of California
www.courtinfo.ca.gov
FL-360 [Rev. January 1, 2007]
(Family Law—Governmental)
5. FACTS IN SUPPORT of relief requested are (specify):
Contained in the attached declaration.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
NOTICE FOR CASES INVOLVING A LOCAL CHILD SUPPORT AGENCY
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 a recommended order. If you do not like the recommended order, you must object to it within 10 court days; otherwise, the recommended order will become a final order of the court. If you object to the recommended order, a judge will make a temporary order and set a new hearing.
Request for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Response (form MC-410). (Civil Code, § 54.8)
REQUEST FOR HEARING AND APPLICATION
TO SET ASIDE SUPPORT ORDER
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Completing the California FL-360 form involves several key steps to ensure that all necessary information is accurately provided. After filling out the form, it will be submitted to the appropriate court, where a hearing will be scheduled regarding the request to set aside a support order.
The California FL 360 form is used to request a hearing and apply to set aside a support order. This is relevant under Family Code Section 3691. Individuals may use this form if they believe there are valid reasons to challenge a previous support order, such as fraud, perjury, or lack of notice.
The form can be filed by any party involved in a family law case. This includes the petitioner, respondent, or other parent. If you have been ordered to pay support and believe there are grounds to set aside that order, you can file this form.
You will need to provide several pieces of information, including:
Common grounds for setting aside a support order include:
Yes, there are strict time limits. You must file the request within six months after discovering the fraud, perjury, or lack of notice related to the support order. It is important to be aware of these deadlines to ensure your request is considered.
Once you file the form, a hearing will be scheduled. You will receive details about the date, time, and location of the hearing. If your case involves a local child support agency, it may be referred to a court commissioner for hearing. Be prepared to present your case and any supporting evidence at the hearing.
Incomplete Information: Failing to fill out all required fields can lead to delays. Ensure that names, addresses, and case numbers are accurate and complete.
Incorrect Grounds for Request: Selecting the wrong grounds for setting aside the support order can jeopardize your case. Carefully review the options and choose the applicable grounds, such as fraud, perjury, or lack of notice.
Missing Signatures: Not signing the form can result in rejection. Always ensure that the form is signed and dated by the declarant.
Failure to Meet Deadlines: Submitting the request outside the specified time limits can lead to dismissal. Be aware of the six-month timeline for filing after discovering fraud or perjury.
The California FL-360 form is used to request a hearing and apply to set aside a support order under Family Code Section 3691. When filing this form, there are several other documents that may also be required or beneficial to include in the process. Below are some common forms and documents often used alongside the FL-360.
Understanding these additional forms can help streamline the process of addressing support orders in California. Properly completing and submitting the necessary documentation ensures that all parties have the opportunity to present their case effectively.
The California FL-360 form is similar to the FL-300 form, which is a Request for Order. Both documents serve as formal requests to the court regarding family law matters. The FL-300 is used when a party seeks a specific order from the court, such as child custody or support modifications. Like the FL-360, the FL-300 requires the party to provide details about the case, including the names of the parties involved and the specific relief being sought. Both forms also necessitate a hearing, emphasizing the importance of judicial review in family law disputes.
Another document that shares similarities with the FL-360 is the FL-150 form, known as the Income and Expense Declaration. This form is often required when seeking modifications to support orders, as it provides the court with essential financial information. The FL-150 includes details about income, expenses, and assets, helping the court assess the financial situation of the parties involved. Both the FL-360 and FL-150 aim to ensure that the court has a complete understanding of the circumstances surrounding support orders, facilitating fair decision-making.
The FL-310 form, or the Request for Order to Modify Child Support, also resembles the FL-360. This document is specifically used to request changes to existing child support orders. Like the FL-360, the FL-310 requires the petitioner to outline the reasons for the modification request, such as changes in income or circumstances. Both forms emphasize the need for a hearing, allowing the court to evaluate the merits of the requests and make informed decisions based on the presented evidence.
Similar to the FL-360, the FL-341 form, known as the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), addresses matters related to child custody. This form is used to establish jurisdiction in custody disputes and may be relevant when support orders are being challenged. Both the FL-360 and FL-341 require parties to provide factual information to support their claims, and they both involve hearings to resolve disputes, highlighting the court's role in ensuring the best interests of the child.
The FL-400 form, or the Request for Order for Child Custody and Visitation, shares a common purpose with the FL-360 in that both documents are used to address family law issues that require court intervention. The FL-400 focuses specifically on custody and visitation arrangements, while the FL-360 deals with support orders. Both forms necessitate a hearing where the court evaluates the requests, and both require detailed information about the parties involved and their circumstances to make informed decisions.
Lastly, the FL-200 form, which is a Petition for Dissolution of Marriage, is also similar to the FL-360. While the FL-200 initiates divorce proceedings, it often includes requests for support orders, which may later lead to the use of the FL-360 for modifications. Both forms require the parties to provide essential information about their relationship and any children involved, ensuring that the court has the necessary context to address the issues effectively. The common thread among these documents is the need for judicial oversight in family law matters, emphasizing the importance of structured processes in resolving disputes.
When filling out the California FL-360 form, it’s important to follow certain guidelines to ensure your application is processed smoothly. Here’s a list of what you should and shouldn’t do:
Understanding the California FL-360 form is essential for anyone involved in family law matters, particularly concerning support orders. However, several misconceptions can lead to confusion. Here are six common misunderstandings:
By addressing these misconceptions, individuals can better navigate the complexities of the FL-360 form and the associated legal processes.