Requesting and responding to child support requests can be complicated, so it is best to talk to a lawyer or Family Law Facilitator to discuss your situation first. Below is a chart on common support situations and the forms you would need. Please visit The Judicial Branch of California Courts at http://www.courts.ca.gov/1199.htm for detailed steps on how to fill out and file the right forms.
I WANT TO:
THE FORM I WILL NEED INCLUDE:
Respond to a request to pay child support.
Responsive Declaration to Request for Order (Form FL-320);
Income and Expense Declaration (Form FL-150); and
Proof of Service.
Ask the judge to change the amount of child support I pay.
Request for Order (FL-300): Use this form to ask the judge to change your child support order. You will make a “Request for Order of Child Support Modification”
Financial Statement (Simplified) (FL-155): In most cases, you can use this form to show the judge your income, expenses, and how much you can afford to pay in child support.
Ask the judge to review the denial of my driver license because of my child support debt.
Notice of Motion for Judicial Review of License Denial (FL-670): If your driver license was revoked or suspended due to unpaid child support, use this form to ask the judge to return your license (FL-670 also available at http://www.courts.ca.gov/documents/fl670.pdf).
Pay less child support in the future.
Request for Order (Form FL-300).
NOTE: You can also use the Information Sheet for Request for Order (Form FL-300-INFO) for information to fill out Form FL-300. (Ask your family law facilitator if you need to check the box for “Court Order” and item 4 on Form FL-300). You will make a “Request for Reducing Child Support Order”
Income and Expense Declaration (Form FL-150): On your Form FL-300, check the box at item 8 (“Other Relief”) and write in “Set monthly liquidation payment of $ (write in a reasonable amount).” The “liquidation payment” is the payment that goes toward your back spousal or partner support. It is very important that you fill out Form FL-150 very carefully and completely. That form will show the court why you cannot afford the high rate of payments the earnings assignment is asking for to pay off your balance.
Stop having money removed from my paycheck/request a “Stay Earnings Assignment.”
Stay of Service of Earnings Assignment Order (Form FL-455): On this form, mark the box that explains you have an agreement with your former spouse or partner (AND the LCSA if they are involved in your case) for another payment arrangement.
You will get a court hearing where you can ask the judge to stop service of the earnings assignment.
If the judge agrees with your request, he or she will sign the stay. This stops the earnings assignment from taking effect because it will not be served on your employer.
If you get a stay, it is very important you both keep good records of all the payments, in case there are any issues in the future.
Read the Stay of Service of Earnings Assignment Order (Form FL-455) for more information on “staying” an earnings assignment. If the person ordered to pay support does not follow your arrangement, you can ask the court to end the stay on the earnings assignment.
Find out how much child support I owe, and request for it to be changed.
Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization (Form FL-676): You can use this form to ask the judge how much child support you owe from when you were incarcerated.
NOTE: If your child support order was issued between July 1, 2011, and July 1, 2015, and your child support should have automatically stopped during this incarceration, you can use this form to ask the judge to change your child support debt (arrears) from the time while you were incarcerated (FL-676 also available at http://www.courts.ca.gov/documents/fl676.pdf).
Information Sheet for Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization (Form FL-676-INFO): This explains how to fill out the Request for Judicial Determination of Support Arrearages or Adjustment of Arrearages Due to Incarceration or Involuntary Institutionalization form (FL-676-INFO also available at http://www.courts.ca.gov/documents/fl676info.pdf).
Incarcerated Parent’s Request to Review Child Support (Child Support)
Use this form to ask the LCSA to change (stop) your child support payments while you’re incarcerated.
Incarcerated Parent’s Request to Review Child Support (DCSS 0018 Form):
Form DCSS 0018 is available at: https://csdaca.org/wp-content/uploads/resources/1/Education/Incarcerated%20Obligor/Incarcerated%20Parent%27s%20Request%20to%20Review%20Child%20Support.pdf.