Blank California Fl 360 PDF Form

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 form is typically filed by a party involved in a family law case who believes that the support order should be overturned due to specific grounds such as fraud, perjury, or lack of notice.

Who can file the FL 360 form?

The form can be filed by the petitioner, respondent, or other parent involved in the case. It can also be submitted by an attorney representing any of these parties. If a local child support agency is involved, they may also participate in the process.

What information is required on the FL 360 form?

The form requires details such as the names of the parties involved, the case number, and the grounds for requesting to set aside the support order. It also asks for a declaration of facts supporting the request. This information helps the court understand the basis for the application.

What are the grounds for requesting to set aside a support order?

Grounds for this request include fraud, perjury, and lack of notice. The party filing the form must check all applicable grounds to indicate why they believe the support order should be set aside.

What are the time limits for filing the FL 360 form?

The request must be filed within six months of discovering the fraud or perjury, or within six months of obtaining notice of the support order. It is essential to comply with these time limits to ensure that the request is considered by the court.

What happens after the FL 360 form is filed?

Once the form is filed, a hearing will be scheduled. The date, time, and location of the hearing will be specified on the form. It is crucial for all parties involved to attend the hearing, as the court will review the application and make a determination based on the evidence presented.

Can a court commissioner hear my case?

Yes, in cases involving a local child support agency, a court commissioner may hear your case. However, court commissioners cannot issue final orders in contested cases unless they are acting as temporary judges. If you have concerns about this, you can object before the hearing.

What if I disagree with the recommended order from the court commissioner?

If you disagree with the recommended order, you must file an objection within 10 court days. If you do not object, the recommended order will become a final order of the court. If you do object, a judge will make a temporary order and set a new hearing.

What accommodations are available for individuals with disabilities?

Assistive listening systems, computer-assisted real-time captioning, and sign language interpreter services are available upon request. It is important to ask for these accommodations at least five days before the proceeding to ensure they can be provided.

1. Incomplete Information: Failing to fill out all required fields can lead to delays. Ensure that all sections, including names and case numbers, are complete.

2. Incorrect Dates: Entering the wrong date for the support order or the discovery of fraud can invalidate the request. Double-check all dates for accuracy.

3. Not Specifying Grounds: Omitting to check the appropriate grounds for requesting to set aside the support order can result in rejection. Clearly indicate whether it is fraud, perjury, or lack of notice.

4. Failure to Meet Deadlines: Not adhering to the six-month time limit for filing the request can lead to dismissal. Be aware of the timeline and file promptly.

5. Missing Signature: Neglecting to sign the form can cause it to be deemed incomplete. Always sign and date the declaration to validate your request.

6. Ignoring Notification Requirements: Not understanding the implications of a court commissioner’s role can lead to confusion. Be aware of the process and your rights regarding objections to recommended orders.

The California FL-360 form is a crucial document used in family law cases, specifically for requesting a hearing to set aside a support order. It serves as a formal application to challenge an existing support order based on specific grounds such as fraud or lack of notice. Alongside the FL-360 form, several other documents may be required to support the application or to provide additional information to the court. Below is a list of commonly used forms and documents that often accompany the FL-360.

• FL-300 - This is the "Request for Order" form, which is used to ask the court for specific orders regarding child support, spousal support, or other family law matters. It outlines the requests being made and provides the necessary details for the court to consider.
• FL-150 - The "Income and Expense Declaration" form provides a comprehensive overview of an individual's financial situation. This document is essential for the court to assess the ability to pay support or the need for support.
• FL-140 - The "Declaration of Disclosure" is a form that discloses financial information between parties in a family law case. This document helps ensure transparency regarding assets and liabilities.
• FL-310 - The "Application for Order and Supporting Declaration" is used to request temporary orders while the case is ongoing. It is particularly useful for urgent matters that require immediate attention from the court.
• FL-341 - The "Child Custody and Visitation Order" form details the arrangements regarding child custody and visitation rights. This document is often necessary when child support is involved.
• FL-320 - The "Response to Request for Order" form allows the responding party to provide their perspective on the requests made in the FL-300. It is essential for ensuring both parties have a chance to present their case.
• MC-410 - This is the "Request for Accommodations by Persons With Disabilities" form, which is used to request necessary accommodations for individuals with disabilities during court proceedings.
• FL-370 - The "Notice of Motion to Set Aside Support Order" is a document that formally notifies the other party of the intent to challenge the support order. It is an important step in the legal process to ensure all parties are informed.

These documents collectively contribute to the legal process surrounding family law cases in California. Each form serves a specific purpose, ensuring that the court has all the necessary information to make informed decisions regarding support and related issues. Understanding these forms can greatly assist individuals navigating the complexities of family law.

The California FL-360 form is essential for individuals seeking to set aside a support order. It shares similarities with several other legal documents. Here’s a list of seven documents that are comparable to the FL-360 form, along with how they relate:

• FL-300 - Request for Order: This form is used to request various types of orders in family law cases, similar to the FL-360, which requests to set aside a support order.
• FL-150 - Income and Expense Declaration: This document provides financial information to the court, which can be relevant when contesting a support order, much like the evidence required in the FL-360.
• FL-310 - Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: This form is used to declare jurisdiction issues in custody cases, paralleling the jurisdictional aspects addressed in the FL-360.
• FL-320 - Child Support Case Registry Form: This form registers a case with the child support agency, which is often involved in the hearings requested by the FL-360.
• FL-400 - Notice of Motion to Set Aside Judgment: Similar to the FL-360, this document allows a party to request the court to set aside a judgment, focusing on different grounds.
• FL-680 - Stipulation to Establish or Modify Child Support: This form is used to agree on child support terms, akin to the FL-360's focus on modifying existing support orders.
• FL-200 - Summons: While primarily a notice to respond to a lawsuit, it can initiate proceedings that may lead to requests similar to those made in the FL-360.

Understanding these documents can help you navigate the complexities of family law in California. Each serves a specific purpose but shares the common goal of addressing support issues in family law cases.

When filling out the California FL-360 form, it is crucial to follow specific guidelines to ensure your application is processed smoothly. Here are eight important dos and don'ts:

• Do provide accurate and complete information in all required fields.
• Do check all applicable grounds for your request, such as fraud or perjury.
• Do comply with the time limits for filing your request.
• Do attach any necessary declarations that support your request.
• Don't leave any sections blank; incomplete forms may lead to delays.
• Don't forget to sign and date the form before submission.
• Don't submit the form without reviewing it for errors or omissions.
• Don't ignore the notice regarding the court commissioner and your rights.

Following these guidelines can help ensure that your request is considered promptly and fairly. Take the time to prepare your application correctly to avoid unnecessary complications.

Understanding the California FL-360 form is crucial for anyone involved in family law matters. However, several misconceptions can lead to confusion. Here are five common misunderstandings:

• It is only for parents receiving child support. Many believe the FL-360 form is exclusively for parents who receive support. In reality, it can be used by any party involved in a support order, including those who pay support and other parents.
• Filing the FL-360 guarantees the support order will be set aside. Some think that submitting this form automatically cancels the existing support order. This is not true. A hearing is required, and the court will decide based on the evidence presented.
• There is no time limit for filing the request. A common misconception is that there are no deadlines. In fact, the request must be filed within six months of discovering fraud, perjury, or lack of notice regarding the support order.
• The hearing will always be in front of a judge. Many assume that a judge will handle every case. However, cases involving local child support agencies may be referred to a court commissioner, who can act as a temporary judge unless an objection is raised.
• Assistance is not available for individuals with disabilities. Some believe that accommodations are not provided for those with disabilities. In fact, assistive services, such as sign language interpreters, can be requested in advance to ensure everyone can participate fully in the hearing.

Being aware of these misconceptions can help individuals navigate the process more effectively and make informed decisions regarding their family law matters.

Filling out and using the California FL 360 form requires attention to detail and understanding of the process. Here are key takeaways to keep in mind:

• The FL 360 form is used to request a hearing and apply to set aside a support order under Family Code Section 3691.
• Clearly identify all parties involved in the case, including the petitioner, respondent, and any other parents, to ensure proper notification.
• Grounds for requesting to set aside the order must be specified, with options including fraud, perjury, and lack of notice.
• Be mindful of the time limits for filing the request; it must be done within six months of discovering fraud, perjury, or obtaining notice of the support order.
• Understand that if a local child support agency is involved, the case may be referred to a court commissioner, who may act as a temporary judge unless an objection is made.

Completing the form accurately and timely is crucial for a successful outcome in your case.