Download California Fl 360 Form

1. 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. Individuals may use this form if they believe that the support order was entered based on fraud, perjury, or lack of notice.

2. Who can file the FL 360 form?

   Any party involved in the support order can file the FL 360 form. This includes the petitioner, respondent, or other parent listed in the case. If a local child support agency is involved, they may also be a party to the application.

3. What are the grounds for setting aside a support order?

   There are three primary grounds for requesting to set aside a support order:

   • Fraud
   • Perjury
   • Lack of notice

4. What is the time limit for filing the FL 360 form?

   The request to set aside the order 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 important to check the appropriate box on the form to confirm compliance with these time limits.

5. What information must be included in the FL 360 form?

   The FL 360 form requires the following information:

   • Name and contact information of the attorney or party filing the form
   • Details of the court, including address and case number
   • Names of the petitioner, respondent, and other parent
   • Specific grounds for the request
   • Facts supporting the relief requested

6. What happens after the FL 360 form is filed?

   Once the FL 360 form is filed, a hearing will be scheduled. The date, time, and location of the hearing will be provided on the form. It is essential to attend the hearing to present the case.

7. Can a court commissioner hear my case?

   Yes, if the case involves a local child support agency, it may be referred to a court commissioner. However, court commissioners cannot issue final orders in contested cases unless they act as temporary judges. Parties can object to this arrangement before the hearing.

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

   If you disagree with the recommended order made by the court commissioner, you must file an objection within 10 court days. If no objection is made, the recommended order will become a final order of the court.

9. Are accommodations available for individuals with disabilities?

   Yes, assistive listening systems, computer-assisted real-time captioning, and sign language interpreter services are available. To request these accommodations, individuals must contact the clerk's office at least five days before the proceeding.

10. How can I ensure my FL 360 form is completed correctly?

    To ensure the FL 360 form is completed correctly, carefully review all sections for accuracy. It may also be beneficial to consult with a legal professional or utilize resources available through the court's website.

Filling out the California FL-360 form can feel overwhelming, but knowing what to do—and what to avoid—can make the process smoother. Here are seven key tips to keep in mind:

• Do read the instructions carefully before you begin. Understanding what is required will save you time and potential errors.
• Don't leave any sections blank unless instructed. Incomplete forms can lead to delays in processing your request.
• Do provide accurate and complete information. Double-check names, dates, and case numbers to ensure everything is correct.
• Don't ignore deadlines. Make sure your request is filed within the specified time limits to avoid complications.
• Do attach any necessary documents or declarations that support your request. This can strengthen your case.
• Don't forget to sign and date the form. An unsigned form is not valid and will be rejected.
• Do seek assistance if needed. If you're unsure about any part of the process, consider reaching out to a legal professional for guidance.

By following these tips, you can help ensure that your experience with the FL-360 form is as smooth as possible. Remember, taking your time and being thorough can make a significant difference in the outcome of your request.

Understanding the California FL-360 form is crucial for anyone navigating the complexities of family law in the state. However, several misconceptions often cloud the understanding of this important document. Here are eight common myths, debunked for clarity:

• Myth 1: The FL-360 form is only for individuals who can afford a lawyer.

This is not true. While having legal representation can be beneficial, anyone can fill out and submit the FL-360 form on their own, regardless of their financial situation.

• Myth 2: The FL-360 form guarantees that the support order will be set aside.

Filing the FL-360 form does not automatically mean the support order will be canceled. The court will review the request and make a decision based on the merits of the case.

• Myth 3: You can submit the FL-360 form at any time without restrictions.

There are specific time limits for filing this request. Generally, you must submit it within six months of discovering fraud, perjury, or lack of notice regarding the support order.

• Myth 4: The FL-360 form is only relevant for child support cases.

While it is commonly used in child support matters, the FL-360 can also apply to spousal support cases, depending on the circumstances.

• Myth 5: You must attend the hearing in person.

While it is typically required to attend the hearing, there may be options for remote appearances depending on the court's rules and the specific situation.

• Myth 6: The form can be filled out incorrectly without consequences.

Submitting an improperly filled form can lead to delays or even dismissal of your request. It's essential to complete the form accurately and provide all necessary information.

• Myth 7: Once you file the FL-360, you can’t change your mind.

You can withdraw your request before the hearing takes place. However, it's advisable to consult with legal counsel to understand the implications of doing so.

• Myth 8: The court commissioner has the final say on your case.

A court commissioner can make recommendations, but you have the right to object to those recommendations. If you do, a judge will review the case and issue a final order.

By dispelling these myths, individuals can approach the FL-360 form with a clearer understanding, leading to better outcomes in their family law matters.

The California FL-360 form is an important document used in family law cases, specifically for requesting a hearing to set aside a support order. Along with this form, several other documents are commonly utilized to facilitate the process. Here is a list of related forms and documents that may be required or helpful in conjunction with the FL-360.

• FL-300: This is the Request for Order form. It is used to ask the court for a specific order, such as modifying or enforcing a support order, and outlines the reasons for the request.
• FL-150: The Income and Expense Declaration provides detailed financial information about a party's income, expenses, and assets. This form helps the court assess financial situations in support cases.
• FL-310: The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is used to establish the jurisdiction of the court in custody matters involving children, ensuring proper legal authority.
• FL-341: The Child Custody and Visitation Order outlines the specific arrangements for custody and visitation of children. It is crucial for any cases involving child support and custody.
• FL-320: The Child Support Information and Resources form provides parties with information about child support laws and resources available to them, including how to calculate support amounts.
• FL-680: The Notice of Motion to Set Aside Support Order is a formal notice that a party intends to request the court to set aside a previous support order, often accompanying the FL-360.
• FL-395: The Request for Child Support Services form is used to apply for services from the local child support agency, including enforcement of support orders and locating absent parents.
• MC-410: The Request for Accommodations by Persons With Disabilities form is necessary for individuals who require assistance during court proceedings, ensuring that everyone has access to the court system.
• FL-140: The Declaration of Disclosure is used to disclose financial information between parties in family law cases. This is essential for transparency in support and property division matters.
• FL-340: The Child Support Order form is the official document that outlines the amount of child support one parent must pay to the other, detailing payment schedules and conditions.

These forms and documents play a vital role in family law proceedings, especially when dealing with support orders. Having the right paperwork can streamline the process and ensure that all parties are adequately represented and informed.