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The California FL 455 form plays a significant role in family law, particularly concerning child support obligations. This form is utilized when an individual seeks to temporarily halt the service of an earnings assignment order, which is a legal directive that allows for the automatic withholding of child support payments from a parent’s wages. The form outlines the reasons for requesting such a stay, including circumstances like having made timely support payments over the past year or having posted a cash bond equivalent to three months of support. Additionally, it provides a space for individuals to explain any extraordinary hardships that may arise from the immediate enforcement of the earnings assignment order. Should the circumstances change, the FL 455 also allows for an application to terminate the stay, ensuring that the court can respond to evolving situations. Individuals must be aware that any claims made on this form are subject to verification, and a hearing may be required to substantiate the request. By understanding the nuances of the FL 455, individuals can navigate the complexities of child support matters more effectively.

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FL-455

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and address):

FOR COURT USE ONLY

 

 

TELEPHONE NO.:

 

 

 

 

 

 

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:

 

 

 

 

 

 

 

 

 

 

 

 

 

STAY

 

TERMINATION OF STAY

CASE NUMBER:

 

 

 

 

 

 

 

 

 

 

 

OF SERVICE OF EARNINGS ASSIGNMENT ORDER

 

 

 

 

 

 

 

 

 

APPLICATION FOR STAY

(NOTICE: If this application is made separately from a hearing on support, you must get a hearing date from the clerk and give notice. See below.)

I request that the court stay the service of the earnings assignment order in this case because (check one or more applicable reasons):

1.

 

I have paid fully and on time the previously ordered support for the last 12 months, and I do not owe any back support

 

 

(arrearages).

 

 

 

 

 

 

2.

 

I have not been subject to a support order for the last 12 months, but I have posted

 

cash

 

a cash bond with the

 

 

 

 

 

clerk of the court in the amount of $

 

, which is equal to three months' support, and I do not owe any

 

 

 

 

 

back support (arrearages).

 

 

 

 

 

 

Service of the earnings assignment would cause extraordinary hardship on me as follows (state reasons): (Note: You must prove these reasons at any hearing on this application by clear and convincing evidence.)

I have a written agreement with the party receiving support that provides a stay of service of the earnings assignment order. A copy of the agreement is attached. (Note: This agreement must be signed by the local child support agency if support is payable to a county officer designated for that purpose.)

My employer or the local child support agency has been unable to deliver the support payments to the recipient for at least six months because the recipient has not notified my employer or the local child support agency of a change of address. (Attach a statement made under oath by employer or local child support agency.)

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 APPLICANT)

 

 

 

 

NOTICE OF HEARING

A hearing on this application will be held as follows:

a. Date:

Time:

Dept.:

Room:

 

 

 

 

b. The address of the court

is shown above

is:

Page 1 of 2

Form Adopted for Mandatory Use

Judicial Council of California FL-455 [Rev. January 1, 2003]

STAY OF SERVICE OF EARNINGS ASSIGNMENT ORDER

Family Code, §§ 5260, 5261 www.courtinfo.ca.gov

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT:

CASE NUMBER:

 

 

 

 

APPLICATION FOR TERMINATION OF STAY

I request that the court terminate the stay of service of the earnings assignment previously issued in this case

on (date):

 

because (check one or more applicable reasons):

1.

 

The person required to make payments has missed at least one payment of support, which continues unpaid. (Note: A false

 

 

 

statement about missed payments is punishable as contempt.)

 

2.

 

I am

 

the person required to make the payments

 

the local child support agency,

 

 

 

 

 

and I wish the stay terminated.

 

3.

 

The reasons for granting the stay no longer exist. (A hearing is required. See page 1 for notice of hearing.)

 

 

 

(State facts showing that the previous reasons for granting the stay no longer exist.)

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 APPLICANT)

 

 

 

 

PROOF OF SERVICE BY MAIL

1.I am at least 18 years of age and not a party to this cause. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify):

2.I served a copy of this Stay of Service of Earnings Assignment Order by enclosing it in a sealed envelope with first-class postage fully prepaid and depositing it in the United States Postal Service as follows:

a.Date of deposit:

b.Place of deposit (city, state):

c.Addressed as follows:

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)

 

 

 

 

 

 

 

 

 

 

ORDER

 

GOOD CAUSE APPEARING:

 

1.

 

Service of the earnings assignment order issued in this action is stayed.

 

 

 

2.

 

The stay of service granted above will terminate without further order on (date):

 

 

 

3.

 

The previous stay of service of the earnings assignment order made on (date):

is terminated,

 

 

 

and the earnings assignment order previously issued in this case may be served.

 

Date:

(JUDICIAL OFFICER)

FL-455 [Rev. January 1, 2003]

Page 2 of 2

STAY OF SERVICE OF EARNINGS ASSIGNMENT ORDER

➤ PDF File

Form Specifications

Fact Name Details
Form Title FL-455: Stay of Service of Earnings Assignment Order
Governing Law Family Code, §§ 5260, 5261
Purpose This form is used to request a stay on the service of an earnings assignment order.
Eligibility Applicants must provide reasons for requesting the stay, such as having paid support on time.
Application Process If the application is separate from a hearing on support, a hearing date must be obtained from the clerk.
Proof Requirement Applicants must prove their reasons for the stay by clear and convincing evidence at the hearing.
Termination of Stay A stay can be terminated if the person required to make payments has missed a payment.
Signature Requirement The applicant must sign the form under penalty of perjury, affirming the truth of the information provided.
Proof of Service Applicants must serve a copy of the application by mail and provide proof of service.
Court Information The form must include the court's address and relevant case information.

California Fl 455: Usage Guidelines

Filling out the California FL-455 form involves providing specific information regarding your case and the reasons for your request. After completing the form, you will need to file it with the court and ensure that all parties involved receive proper notice of the hearing date.

  1. Begin by entering your name and address in the section labeled ATTORNEY OR PARTY WITHOUT ATTORNEY.
  2. Provide your telephone number in the designated field.
  3. Indicate the name of the attorney representing you, if applicable.
  4. Fill in the SUPERIOR COURT OF CALIFORNIA, COUNTY OF section with the appropriate court information.
  5. Complete the STREET ADDRESS and MAILING ADDRESS fields for the court.
  6. List the CITY AND ZIP CODE of the court.
  7. Specify the BRANCH NAME of the court.
  8. Identify the parties involved by filling out PETITIONER/PLAINTIFF, RESPONDENT/DEFENDANT, and OTHER PARENT sections.
  9. Enter the CASE NUMBER associated with your case.
  10. In the APPLICATION FOR STAY section, check the applicable reasons for your request.
  11. Provide details about any extraordinary hardship you may face if the earnings assignment order is served.
  12. If applicable, attach a written agreement with the party receiving support that allows for a stay.
  13. Indicate if your employer or local child support agency has had issues delivering support payments and attach relevant documentation.
  14. Sign and date the declaration under penalty of perjury.
  15. For the NOTICE OF HEARING, fill in the date, time, department, and room for the hearing.
  16. Complete the APPLICATION FOR TERMINATION OF STAY section if you are requesting to terminate a previous stay.
  17. Check the reasons for the termination and provide any necessary details.
  18. Fill out the PROOF OF SERVICE BY MAIL section, including your name, address, and details about how you served the document.
  19. Sign and date the declaration under penalty of perjury for the proof of service.
  20. Ensure all sections are complete and legible before submitting the form to the court.

Your Questions, Answered

What is the purpose of the California FL 455 form?

The California FL 455 form is used to request a stay of service of an earnings assignment order in family law cases. This form allows individuals to apply for a temporary halt on the enforcement of support payments, typically due to specific circumstances that could cause undue hardship.

Who can file the FL 455 form?

Any party involved in a family law case, including the petitioner, respondent, or other parent, can file the FL 455 form. It is essential that the individual filing the form has a legitimate reason for requesting the stay of the earnings assignment order.

What reasons can be provided to request a stay?

Several reasons can be cited when requesting a stay. These include having made timely support payments for the past 12 months, posting a cash bond with the court, having a written agreement with the support recipient, or if the local child support agency has been unable to deliver payments due to a lack of address notification from the recipient.

What is required to prove hardship?

If claiming that the service of the earnings assignment would cause extraordinary hardship, the applicant must provide clear and convincing evidence of this hardship at the hearing. Specific details outlining the nature of the hardship should be included in the application.

What happens if the stay is granted?

If the court grants the stay, it will remain in effect until a specified termination date or until the court orders otherwise. The stay prevents the enforcement of the earnings assignment order during this period.

How can a stay be terminated?

A stay can be terminated by filing a request with the court, which may include reasons such as missed support payments or a change in circumstances that negates the need for the stay. A hearing will be required to address the termination of the stay.

What is the process for serving the FL 455 form?

The FL 455 form must be served by mailing a copy to the other party involved in the case. The individual serving the form must complete a proof of service section, declaring that the form was mailed properly and specifying the date and location of the mailing.

Is there a hearing required for this application?

A hearing is generally required for the court to consider the application for a stay, especially if it is made separately from a hearing on support. The applicant must obtain a hearing date from the clerk and provide notice to the involved parties.

What should be included with the FL 455 form?

When submitting the FL 455 form, any supporting documentation should be attached. This may include written agreements with the other party, proof of payments made, or statements from employers or agencies involved in the support process.

Common mistakes

  1. Not providing complete contact information. Ensure that all fields for names, addresses, and phone numbers are filled out accurately.

  2. Failing to check the appropriate boxes. Be sure to select all applicable reasons for requesting a stay of service, as this can affect the outcome of your application.

  3. Missing required documentation. Attach all necessary documents, such as agreements or statements from employers or local child support agencies, to support your claims.

  4. Not declaring under penalty of perjury. Remember to sign and date the application, confirming that all information is true and correct.

  5. Ignoring the notice of hearing. If your application requires a hearing, make sure to obtain a date and notify all parties involved.

  6. Providing incomplete or unclear reasons for extraordinary hardship. Clearly outline how the service of the earnings assignment would negatively impact you.

  7. Overlooking the timeline for missed payments. If applicable, accurately detail any missed payments and the reasons for them, as false statements can lead to serious consequences.

Documents used along the form

The California FL-455 form is utilized in family law cases, specifically for requesting a stay of service of an earnings assignment order. This form is often accompanied by several other documents that support the application or are necessary for the court proceedings. Below is a list of five common forms and documents that are frequently used alongside the FL-455 form.

  • FL-150: Income and Expense Declaration - This document provides the court with a detailed account of an individual’s income, expenses, and financial situation. It is essential for determining support obligations and can be used to support claims made in the FL-455 form.
  • FL-320: Request for Order - This form is used to request a court order regarding various family law matters, including modifications to support orders. It may accompany the FL-455 if a hearing is sought on the stay application.
  • FL-335: Responsive Declaration to Request for Order - This document is filed by a responding party to address claims made in a Request for Order. It can provide the court with the other party's perspective and is relevant if there is a dispute regarding the stay.
  • FL-445: Notice of Motion - This form is used to formally notify the other party of a motion being filed with the court. It is important for ensuring that all parties are aware of the proceedings related to the FL-455 application.
  • FL-430: Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) - This declaration is used when there are custody issues involved in a case. It helps the court determine jurisdiction and may be necessary if custody matters are connected to the earnings assignment.

Each of these documents plays a critical role in the family law process and helps ensure that all relevant information is presented to the court. Properly completing and submitting these forms can significantly impact the outcome of the case, making it essential for individuals to understand their purposes and requirements.

Similar forms

The California FL-455 form is related to several other legal documents that serve similar purposes in family law cases, particularly those involving child support. Here are four documents that share similarities with the FL-455 form:

  • FL-430: Earnings Assignment Order - This document is used to direct an employer to withhold a portion of an employee's earnings to pay child support. Like the FL-455, it deals with the enforcement of support obligations, but FL-430 specifically initiates the assignment of earnings rather than requesting a stay.
  • FL-150: Income and Expense Declaration - This form provides a detailed account of an individual's income and expenses. Similar to the FL-455, it is often used in support cases to assess financial situations. Both forms require accurate financial disclosures to inform the court's decisions.
  • FL-310: Request for Order - This document allows a party to request a court order regarding child support or other family law matters. The FL-455 is a specific type of request for a stay, while FL-310 can cover a broader range of requests, including modifications or terminations of support orders.
  • FL-320: Response to Request for Order - This form is used by the responding party to address requests made in FL-310. Both FL-455 and FL-320 involve responses to requests related to support, ensuring that all parties have the opportunity to present their positions to the court.

Dos and Don'ts

When filling out the California FL-455 form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are some things you should and shouldn't do:

  • Do read the entire form carefully before starting to fill it out.
  • Do provide accurate information regarding your case number and personal details.
  • Do check the appropriate boxes that apply to your situation.
  • Do sign and date the form where indicated to validate your application.
  • Don't leave any required fields blank; this may delay your application.
  • Don't submit the form without making a copy for your records.
  • Don't provide false information, as this can lead to legal consequences.
  • Don't forget to attach any necessary documents that support your application.

Misconceptions

Misconceptions about the California FL 455 form can lead to confusion regarding its purpose and use. Below is a list of common misconceptions along with clarifications.

  • The FL 455 form is only for parents who owe child support. This form can be used by any party seeking to stay or terminate the service of an earnings assignment order, not just those who owe support.
  • You cannot request a stay if you have missed payments. While missed payments can affect your eligibility, there are specific conditions under which a stay can still be requested, such as proving extraordinary hardship.
  • The form guarantees that the stay will be granted. Submitting the FL 455 does not guarantee approval. The court will review the application and may require a hearing.
  • You do not need to provide evidence for your claims. The application requires you to prove your reasons for requesting a stay with clear and convincing evidence at any hearing.
  • Filing the form is enough; no further action is needed. After filing, you must ensure that all parties are notified and that a hearing date is obtained if necessary.
  • A written agreement with the other parent is not necessary. If you have a written agreement that supports your request for a stay, it must be attached and signed by the local child support agency.
  • Once a stay is granted, it lasts indefinitely. A stay is temporary and may terminate automatically after a specified date unless further action is taken.
  • You can ignore the notice of hearing. It is crucial to attend the hearing if one is scheduled, as failure to do so may result in the denial of your application.
  • The FL 455 form is the same as other family law forms. Each family law form serves a specific purpose. The FL 455 is specifically for staying or terminating the service of an earnings assignment order.

Key takeaways

Filling out and using the California FL 455 form requires careful attention to detail. Here are four key takeaways to keep in mind:

  • Understand the Purpose: The FL 455 form is used to request a stay on the service of an earnings assignment order. This means you are asking the court to temporarily halt the enforcement of a support payment order.
  • Provide Clear Reasons: You must check one or more applicable reasons for your request. Valid reasons include having paid support on time for the last 12 months or having a written agreement with the receiving party.
  • Prepare for a Hearing: If your application is made separately from a hearing on support, you need to get a hearing date from the clerk. Ensure you notify all relevant parties about the hearing.
  • Proof of Service: When you submit the form, include proof of service by mail. This means confirming that all parties received a copy of your application, which is crucial for the process to proceed smoothly.