Download California Fl 455 Form

What is the purpose of the California FL-455 form?

The California FL-455 form is used to request a stay of the service of an earnings assignment order in family law cases. This form allows an individual to temporarily halt the enforcement of a court order that directs their employer to withhold earnings for child support payments. The request can be made for various reasons, such as having made all required payments on time or experiencing extraordinary hardship.

Who can file the FL-455 form?

Any party involved in a family law case can file the FL-455 form. This includes the petitioner, respondent, or other parents involved in the case. It is essential that the person filing the form has a legitimate reason for requesting the stay, as they must provide evidence to support their claims during a hearing.

What reasons can be cited for requesting a stay?

Several reasons can be cited when requesting a stay using the FL-455 form, including:

1. Full and timely payment of support for the last 12 months without any arrears.
2. No support order for the last 12 months, accompanied by a cash bond equivalent to three months of support.
3. Extraordinary hardship caused by the service of the earnings assignment order.
4. A written agreement with the other party that allows for a stay.
5. Failure of the local child support agency or employer to deliver payments due to a lack of address notification from the recipient.

What happens after filing the FL-455 form?

After filing the FL-455 form, a hearing will be scheduled. The applicant must provide notice of this hearing to the other party involved in the case. During the hearing, the applicant must present evidence to support their request for a stay. If the court finds good cause, it may grant the stay, temporarily halting the service of the earnings assignment order.

What should I do if I want to terminate a stay?

If you wish to terminate a stay, you will need to submit a request using the FL-455 form. You can check various reasons for this request, such as missed payments or changes in circumstances that negate the original reasons for granting the stay. A hearing will also be required to finalize the termination of the stay.

When filling out the California FL 455 form, it’s important to approach the process carefully. Here are some guidelines to follow and avoid:

• Do ensure accuracy: Double-check all information for correctness. Mistakes can lead to delays or complications.
• Do provide supporting documents: Attach any necessary documents, such as agreements or statements, that support your application.
• Do follow the instructions: Read the form's instructions thoroughly to understand what is required for your specific situation.
• Do keep copies: Make copies of the completed form and any attachments for your records before submission.
• Don't leave sections blank: Fill out every required field. Incomplete forms may be rejected or delayed.
• Don't forget to sign: Ensure that you sign and date the form where indicated. An unsigned form is not valid.

By adhering to these guidelines, you can navigate the process more smoothly and increase the likelihood of a favorable outcome.

Understanding the California FL-455 form is crucial for anyone navigating family law issues related to support payments. However, several misconceptions can lead to confusion. Here are seven common misunderstandings:

• The FL-455 form is only for non-custodial parents. This form can be used by any party involved in a support order, including custodial parents who may need to request a stay.
• Filing the FL-455 guarantees a stay of service. A stay is not automatic. The court must evaluate the reasons provided and may require a hearing to determine if a stay is warranted.
• Once a stay is granted, it lasts indefinitely. Stays are temporary and can be terminated by the court. It is essential to understand the conditions under which a stay may end.
• You do not need to provide evidence to support your request. Clear and convincing evidence is required to justify the stay. This may include documentation or testimony to support your claims.
• All reasons for requesting a stay are valid. The court only recognizes specific reasons listed on the form. Familiarity with these reasons is necessary to make a compelling case.
• Not attending the hearing will not affect the outcome. Failing to appear can lead to the denial of your request. Participation in the hearing is critical to present your case effectively.
• Once the stay is in place, you do not need to inform the court of changes. If circumstances change, such as missed payments or a change in your financial situation, you must notify the court promptly.

By dispelling these misconceptions, individuals can better navigate the complexities of the FL-455 form and make informed decisions regarding their support obligations.

The California FL-455 form is used to request a stay of service for an earnings assignment order. This form is often accompanied by several other documents that provide additional context or support for the request. Below is a list of related forms and documents that may be necessary in conjunction with the FL-455 form.

• Application for Support Order (FL-300): This form is used to request a court order for child or spousal support. It outlines the financial needs of the requesting party and the circumstances surrounding the support request.
• Income and Expense Declaration (FL-150): This document provides a detailed account of an individual's income, expenses, assets, and liabilities. It helps the court assess the financial situation of the parties involved.
• Proof of Service (FL-335): This form is used to verify that the other party has been properly notified of the proceedings. It confirms that legal documents were served according to court rules.
• Notice of Hearing (FL-310): This document informs all parties of the date, time, and location of the court hearing regarding the support order or stay application. It is essential for ensuring that everyone has the opportunity to present their case.
• Request for Order (FL-300): This form is used to ask the court for a specific order regarding child custody, visitation, or support. It can accompany the FL-455 when seeking a stay of service.
• Declaration (FL-140): This form allows a party to provide a written statement of facts relevant to the case. It can support the request for a stay by detailing circumstances that warrant the request.
• Order After Hearing (FL-340): This document is issued by the court after a hearing. It outlines the court's decisions regarding the support order and any stays that may have been granted or terminated.

Each of these documents plays a critical role in the legal process surrounding support orders and stays. It is important to ensure that all necessary forms are completed accurately and submitted in a timely manner to facilitate a smooth court process.