The California FL 360 form is a legal document used to request a hearing and apply to set aside a support order under Family Code Section 3691. This form is essential for individuals seeking to challenge a previously established support order due to reasons such as fraud or lack of notice. If you need to fill out this form, click the button below to get started.
The California FL-360 form plays a crucial role in family law, particularly concerning child support matters. This form serves as a request for a hearing and an application to set aside a support order under Family Code Section 3691. Individuals involved in a support order case—whether they are petitioners, respondents, or other parents—can use this form to challenge existing support obligations. The form requires specific information, including the names of the parties involved, the case number, and the details of the support order being contested. Grounds for setting aside the order include fraud, perjury, or lack of notice, and the applicant must demonstrate that they have complied with the time limits for filing such a request. Additionally, the form provides instructions regarding the hearing process, including potential referrals to court commissioners and the implications of their recommendations. Understanding the FL-360 is essential for anyone navigating the complexities of child support disputes in California, as it lays the groundwork for potential relief from financial obligations that may have been unjustly imposed.
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 is essential for initiating a request to set aside a support order. Follow the steps below to ensure that you fill out the form correctly and submit it in a timely manner.
Once completed, submit the form to the appropriate court and be prepared for the upcoming hearing. Ensure that you keep a copy of the submitted form for your records. Following these steps will help facilitate the process of your request.
What is the purpose of the California FL-360 form?
The California FL-360 form is used to request a hearing and apply to set aside a support order under Family Code Section 3691. This is typically relevant in cases where a party believes that the support order was established based on fraud, perjury, or lack of notice. By submitting this form, individuals can formally ask the court to reconsider or invalidate the existing support order.
Who can file the FL-360 form?
Any party involved in a support order case can file the FL-360 form. This includes the petitioner, respondent, or other parent named in the case. Additionally, local child support agencies may also be involved in the process, depending on the circumstances surrounding the support order.
What information is required on the FL-360 form?
The FL-360 form requires several key pieces of information. You must provide your name, contact details, and the case number. You will also need to specify the grounds for your request to set aside the support order, such as fraud, perjury, or lack of notice. Furthermore, you must declare that you have complied with the time limits for filing your request, typically within six months of discovering the relevant issues.
What happens after I submit the FL-360 form?
After submitting the FL-360 form, a hearing will be scheduled. The notice will include 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. It's important to note that you can object to the commissioner acting as a temporary judge if you prefer a different arrangement.
Are there any accommodations available for individuals with disabilities when attending the hearing?
Yes, accommodations are available for individuals with disabilities. Assistive listening systems, computer-assisted real-time captioning, and sign language interpreter services can be requested. To ensure these services are available, you should contact the clerk's office at least five days before the hearing. More information can be found on the California court website regarding accommodations.
Filling out the California FL-360 form can be a straightforward process, but several common mistakes can lead to complications or delays in your case. Understanding these pitfalls is essential to ensure a smooth application. One frequent error is neglecting to provide complete contact information. It’s vital to include all relevant details such as your name, address, and telephone number. Missing any of this information can result in the court being unable to reach you, which may hinder your case.
Another common mistake is failing to specify the correct grounds for requesting to set aside the support order. The form allows you to check multiple options, such as fraud or lack of notice. However, if you do not clearly indicate which grounds apply to your situation, the court may not fully understand your reasoning. This could lead to your request being denied or delayed.
Additionally, many individuals overlook the importance of adhering to the time limits for filing. The form requires you to check a box indicating compliance with the six-month timeframe after discovering fraud or perjury. If you miss this deadline, your request may be dismissed outright. It is crucial to ensure that you are within this timeframe when submitting your application.
Another mistake often made is insufficient detail in the section requesting facts in support of your relief. Simply stating that you believe the order should be set aside is not enough. Providing specific facts and evidence strengthens your case and helps the court understand the context of your request. Without this information, your application may lack the necessary support to be taken seriously.
Moreover, some applicants fail to sign and date the declaration. The declaration section is crucial, as it affirms the truthfulness of your statements under penalty of perjury. An unsigned form can be deemed incomplete, leading to delays in processing your request. Always double-check that you have signed and dated the form before submission.
Lastly, many people do not take note of the potential for their case to be heard by a court commissioner. Understanding this aspect is essential, as it can affect the outcome of your case. If you have objections to a commissioner acting as a temporary judge, you must voice these objections before the hearing. Failing to do so may result in your case being decided by someone whose authority you question.
The California FL-360 form is a request for a hearing and application to set aside a support order under Family Code Section 3691. This form is often accompanied by other documents that serve to support the application or provide necessary information for the court. Below is a list of four commonly used forms and documents related to the FL-360.
Each of these documents plays a critical role in the family law process, particularly when addressing support orders and related issues. Properly completing and submitting these forms can significantly influence the outcome of the case.
The California FL-360 form, which is used to request a hearing and apply to set aside a support order, shares similarities with several other legal documents. Here are four documents that are comparable to the FL-360 form, along with an explanation of how they relate:
When filling out the California FL 360 form, there are some important dos and don'ts to keep in mind. Following these guidelines can help ensure that your application is processed smoothly.
Understanding the California FL-360 form can be challenging, and several misconceptions often arise. Here are eight common misunderstandings about this important legal document:
By addressing these misconceptions, individuals can better navigate the complexities of the FL-360 form and the legal processes surrounding child support orders in California.
Filling out and using the California FL-360 form can be a crucial step in addressing support order issues. Here are some key takeaways to keep in mind:
Completing the FL-360 form accurately and understanding the associated processes can significantly impact the outcome of your support order situation. Always ensure that you follow the guidelines and deadlines provided by the court.