Get California 1296 32 Form

Get California 1296 32 Form

The California 1296 32 form is a legal document used in family court proceedings, specifically under the Family Code, to address issues related to child support. This form helps the court establish orders regarding the financial obligations of parents towards their children, ensuring that the best interests of the child are prioritized. For those needing to fill out this form, click the button below to get started.

Structure

The California 1296 32 form, also known as the Short Form Order After Hearing, serves as an important legal document utilized in family law cases, particularly those involving child support. This form is designed for use by governmental agencies under specific sections of the Family Code, ensuring that the needs of children and their custodial parents are addressed during legal proceedings. The form captures essential details, including the names of the parties involved, the court's findings regarding the obligor's ability to pay support, and any health insurance coverage available for the minor children. It outlines the court's orders, which may include the suspension of current child support payments and the obligation for the obligor to notify the local child support agency of any changes in their financial situation. Additionally, the form provides a framework for future court dates and potential modifications to existing orders. By clearly documenting these aspects, the California 1296 32 form plays a crucial role in maintaining the best interests of children while navigating the complexities of family law.

California 1296 32 Preview

1296.32

GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406):

FOR COURT USE ONLY

TELEPHONE NO. (Optional):

E-MAIL ADDRESS (Optional):FAX NO. (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:

SHORT FORM ORDER AFTER HEARING

1. This matter proceeded as follows:

a. Date:

Dept.:

b.

 

 

Petitioner/Plaintiff present

 

 

 

Respondent/Defendant present

c.

 

 

 

 

d.

 

 

Other parent present

Uncontested

 

By stipulation

 

Judicial officer:

Attorney present (name):

Attorney present (name):

Attorney present (name):

Contested

e. Attorney for local child support agency present under Family Code sections 17400 and 17406 (name):

f.

Other (specify):

2. THE COURT FINDS, based upon the moving papers:

a.

(Name):

is the "obligor" in this proceeding.

b.

 

The obligor is

and based thereon has no ability to pay support.

 

 

 

c.

 

Health insurance coverage at no or reasonable cost is currently not available to the obligor to cover the minor children in

 

 

this action.

 

3.THE COURT ORDERS:

a. All orders previously made in this action will remain in full force and effect except as specifically modified below.

b.

This matter is continued to

in Dept.:

for the following purposes only:

c.

d.

e.

f.

Obligor is ordered to appear on the continuance date.

 

Current child support is suspended commencing (date):

. Any order to liquidate

support arrearages is suspended until further order of the court. Obligor must notify the local child support agency in writing within 10 days of any change in income, employment status, residence or availability of health insurance coverage for the children in this action. The court retains jurisdiction to order support retroactive to the date when obligor becomes employed or otherwise able to pay support.

Obligor is not ordered to provide health insurance coverage for the children in this action at this time. Obligor is ordered to obtain health insurance coverage for the children in this action if it becomes available at no or reasonable cost.

Other (specify):

4.Number of pages attached: _______

Date:

Approved as conforming to court order:

(SIGNATURE OF ATTORNEY FOR OBLIGOR)

JUDICIAL OFFICER OF THE SUPERIOR COURT

 

 

 

Page 1 of 1

 

 

 

 

Form Approved for Optional Use

SHORT FORM ORDER AFTER HEARING

Family Code, §§ 17400, 17402,

Judicial Council of California

17404, 17406

Rule 1296.32 [New January 1, 2002]

 

(Governmental)

 

Document Data

Fact Name Details
Governing Law The California 1296 32 form is governed by Family Code sections 17400 and 17406.
Purpose This form is used by governmental agencies for court proceedings related to child support matters.
Parties Involved The form includes sections for the petitioner/plaintiff, respondent/defendant, and other parent.
Jurisdiction It is utilized within the Superior Court of California and is specific to the county where the case is filed.
Optional Information Contact details such as telephone number, email address, and fax number are optional for the attorney representing the obligor.

How to Use California 1296 32

Filling out the California 1296.32 form requires careful attention to detail. This form is used in family law cases and must be completed accurately to ensure proper processing. Follow these steps to fill out the form correctly.

  1. Begin by entering the name of the governmental agency at the top of the form.
  2. Provide the telephone number, e-mail address, and fax number if applicable. These fields are optional.
  3. Fill in the name of the attorney representing the agency.
  4. Enter the superior court details, including the county, street address, mailing address, city, and zip code.
  5. Identify the branch name of the court.
  6. List the names of the petitioner/plaintiff, respondent/defendant, and other parent.
  7. Include the case number associated with this matter.
  8. Document the date and department where the hearing took place.
  9. Indicate whether the petitioner/plaintiff, respondent/defendant, and other parent were present.
  10. Specify if the matter was uncontested or contested.
  11. List the name of the judicial officer and any attorneys present.
  12. State the name of the obligor and their ability to pay support.
  13. Indicate if health insurance coverage is available for the minor children.
  14. Outline the court's findings and orders, including any modifications to previous orders.
  15. Document the number of pages attached to the form.
  16. Finally, have the attorney for the obligor sign the form and include the date.

After completing the form, ensure all information is accurate and legible. Submit it to the appropriate court for processing. Keep a copy for your records.

Key Facts about California 1296 32

What is the purpose of the California 1296.32 form?

The California 1296.32 form, also known as the Short Form Order After Hearing, is primarily used in family law cases related to child support. It serves to document the court's findings and orders following a hearing. The form outlines the obligations of the obligor, who is the parent responsible for paying child support, and addresses issues such as the ability to pay, health insurance coverage for children, and any modifications to existing support orders. This form is essential for ensuring that all parties understand their rights and responsibilities regarding child support arrangements.

Who needs to fill out the California 1296.32 form?

What happens if the obligor cannot pay child support?

If the court finds that the obligor has no ability to pay support, it may suspend current child support obligations. The form allows the court to document this decision, which includes a requirement for the obligor to notify the local child support agency of any changes in their financial situation. This means that if the obligor becomes employed or their circumstances change, the court can retroactively order support. This provision ensures that child support can be adjusted according to the obligor's ability to pay, while still holding them accountable for their responsibilities.

What should the obligor do if their situation changes?

The obligor is required to notify the local child support agency in writing within ten days of any changes in income, employment status, residence, or health insurance availability for the children involved. This is crucial because it keeps the court informed and allows for timely adjustments to support orders. Failure to report these changes can lead to complications or legal consequences, so it is in the obligor's best interest to stay proactive and transparent about their situation.

Common mistakes

Filling out the California 1296.32 form can be a daunting task, and many individuals make mistakes that can delay their case or lead to complications down the line. One common mistake is leaving out required information. For instance, forgetting to include the case number or the names of the parties involved can result in the form being rejected. Always double-check that all necessary fields are filled in completely.

Another frequent error is misidentifying the roles of the parties involved. It's crucial to accurately indicate who is the petitioner and who is the respondent. Confusing these roles can lead to misunderstandings during the court proceedings. Make sure to review the definitions of each role before submitting the form.

People often overlook the importance of the dates specified in the form. Missing or incorrect dates, such as the date of the hearing or the date support is to commence, can create significant issues. Courts rely heavily on precise dates to manage cases effectively, so it’s essential to ensure that all dates are accurate and clearly noted.

Additionally, failing to provide proper notification to the local child support agency can be a major oversight. The form requires the obligor to inform the agency of any changes in income, employment, or health insurance coverage within ten days. Neglecting this responsibility can lead to penalties or further complications in support orders.

Another common mistake is not signing the form where required. The signature of the attorney for the obligor is essential for the court to accept the document. Without it, the form may not be processed, causing delays in your case. Always ensure that all necessary signatures are present before submitting.

Lastly, individuals sometimes forget to attach additional pages when necessary. If there are supporting documents or additional information that needs to accompany the form, it’s important to note the number of pages attached. This helps the court keep everything organized and ensures that all relevant information is considered.

Documents used along the form

The California 1296.32 form is a crucial document used in family law cases, particularly those involving child support matters. When filing this form, several other documents may also be required or beneficial to support the case. Below is a list of additional forms and documents that are often used in conjunction with the California 1296.32 form, along with brief descriptions of each.

  • California Child Support Guideline Calculator: This tool helps determine the appropriate amount of child support based on the income of both parents and other relevant factors.
  • Income and Expense Declaration (Form FL-150): This form provides a detailed account of a party's financial situation, including income, expenses, and assets, which is essential for determining support obligations.
  • Request for Order (Form FL-300): This document is used to request a court hearing for issues related to child support, custody, or visitation, allowing parties to formally present their cases.
  • Proof of Service (Form FL-335): This form verifies that all parties involved have been properly notified about court proceedings, ensuring that due process is followed.
  • Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105): This declaration establishes the jurisdiction of the court regarding child custody matters, particularly when parents live in different states.
  • Child Support Agency Referral Form: This document is used to refer a case to the local child support agency, which can assist in establishing and enforcing child support orders.
  • Notice of Motion (Form FL-301): This form is used to notify the court and other parties of a motion being filed, outlining the specific requests being made to the court.
  • Judgment (Form FL-180): This document finalizes the court's decisions regarding child support, custody, and visitation, providing a formal record of the orders made.
  • Stipulation and Order (Form FL-350): This form is used when both parties agree to certain terms regarding child support or custody, allowing for a more efficient resolution without a trial.
  • Health Insurance Information Form: This document provides details about available health insurance coverage for the children, which may be relevant in determining support obligations.

Each of these documents plays a vital role in the family law process, ensuring that all relevant information is presented to the court. Properly completing and submitting these forms can significantly impact the outcome of child support cases in California.

Similar forms

The California 1296.32 form, known as the Short Form Order After Hearing, is used primarily in child support cases. Several other legal documents serve similar purposes in family law and child support proceedings. Below are five documents that share similarities with the California 1296.32 form:

  • California Form FL-300 (Request for Order): This form initiates a request for a court order regarding child support, custody, or visitation. Like the 1296.32, it is used to document hearings and decisions made by the court.
  • California Form FL-150 (Income and Expense Declaration): This document is used to provide the court with detailed financial information about a party's income and expenses. It assists the court in determining child support obligations, similar to how the 1296.32 assesses the obligor's ability to pay support.
  • California Form FL-346 (Order to Show Cause): This form requests a hearing to explain why a party should or should not be held in contempt for not following a court order. It shares the purpose of addressing compliance with support orders, akin to the 1296.32's focus on enforcing child support obligations.
  • California Form FL-341 (Child Custody and Visitation Order): This form outlines the terms of child custody and visitation. While it focuses on custody arrangements, it is often used in conjunction with child support matters, similar to how the 1296.32 addresses support issues.
  • California Form FL-395 (Judgment Regarding Parental Obligations): This document finalizes the court's decisions regarding child support and custody. It serves a similar function as the 1296.32 by formalizing the court's orders after a hearing.

Dos and Don'ts

When filling out the California 1296.32 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are nine things to do and avoid:

  • Do provide accurate contact information, including telephone number and email address, if available.
  • Do clearly state the names of all parties involved, including the petitioner, respondent, and other parent.
  • Do indicate the correct case number to avoid confusion in court records.
  • Do ensure all signatures are obtained where required, particularly from the attorney for the obligor.
  • Do check that all required fields are completed before submission.
  • Don't leave any optional fields blank if you have the information; providing complete details is beneficial.
  • Don't submit the form without reviewing it for typos or errors, as this could delay processing.
  • Don't forget to attach any necessary documents that support your case.
  • Don't neglect to notify the local child support agency of any changes in income or health insurance status within the specified time frame.

Misconceptions

There are several misconceptions about the California 1296 32 form. Understanding these can help clarify its purpose and use. Here are nine common misconceptions:

  • The form is only for child support cases. While it is primarily used in child support matters, it may also be relevant in other family law contexts.
  • Only attorneys can file this form. While attorneys often handle these filings, individuals can also submit the form with proper guidance.
  • The form guarantees child support will be awarded. Submission of the form does not guarantee support; the court must review the case and make a determination.
  • Filing this form means the obligor will never pay support. The form can suspend support temporarily, but it does not eliminate the obligation to pay in the future.
  • Health insurance coverage is always required. The form indicates that health insurance is not required if it is not available at a reasonable cost.
  • Once filed, the form cannot be changed. Modifications can be made if circumstances change, but they must be done through the court.
  • The court has no jurisdiction after the form is filed. The court retains jurisdiction to modify support orders as needed.
  • All orders are automatically enforced. The court may need to take additional action to enforce orders related to child support.
  • Filing this form is a one-time process. The form may need to be filed multiple times throughout the life of a case, especially if circumstances change.

Clarifying these misconceptions can help individuals navigate the legal process more effectively.

Key takeaways

When filling out and using the California 1296.32 form, consider the following key points:

  • The form is utilized in family law cases, specifically regarding child support and related matters.
  • It is important to accurately identify all parties involved, including the petitioner, respondent, and any other parents.
  • Details such as court date, department, and case number must be clearly filled out to ensure proper processing.
  • The form includes sections for both uncontested and contested hearings, which should be indicated as applicable.
  • Obligors should be aware that the court may suspend current child support payments based on specific findings.
  • Notification requirements exist for obligors, who must inform the local child support agency of any changes in income or health insurance availability.
  • The court retains the right to order retroactive support if the obligor becomes able to pay in the future.
  • Finally, all attached documents must be clearly indicated, and the form should be signed by the attorney for the obligor and the judicial officer.