Fl 320 PDF Template

Fl 320 PDF Template

The FL-320 form is known as the Responsive Declaration to Request for Order, and it is used in California family law cases. This form allows individuals to respond to requests for orders related to various issues, such as child custody, support, and visitation. Understanding how to fill out this form correctly is essential for those navigating the legal system.

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Overview

The FL-320 form, officially known as the Responsive Declaration to Request for Order, is an essential document in family law proceedings in California. It allows individuals to formally respond to requests regarding child custody, visitation, child support, spousal support, and other related matters. The form must be completed with accurate information, including the names of the petitioner and respondent, as well as case details. Individuals have the opportunity to express their consent or objections to various orders sought in the court process, such as parenting time arrangements or financial obligations. It is also crucial for parties to disclose their income and expenses, demonstrating their financial situation, which can influence support decisions. The FL-320 includes specific sections for domestic violence considerations, property control, and requests for attorney's fees, ensuring that all relevant issues are addressed in one cohesive document. In addition to the main declaration, supporting facts must be provided, giving the court a clear understanding of the situation. Timeliness is critical, as this form must be served and filed properly to meet judicial deadlines.

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FL-320

PARTY WITHOUT ATTORNEY OR ATTORNEY

STATE BAR NUMBER:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER:

RESPONDENT:

OTHER PARENT/PARTY:

RESPONSIVE DECLARATION TO REQUEST FOR ORDER

HEARING DATE:

TIME:

DEPARTMENT OR ROOM:

FOR COURT USE ONLY

CASE NUMBER:

1.

2.

3.

Read Information Sheet: Responsive Declaration to Request for Order (form FL-320-INFO) for more information about this form.

RESTRAINING ORDER INFORMATION

a. No domestic violence restraining/protective orders are now in effect between the parties in this case.

b. I agree that one or more domestic violence restraining/ protective orders are now in effect between the parties in this case.

CHILD CUSTODY

VISITATION (PARENTING TIME)

a. I consent to the order requested for child custody (legal and physical custody).

b. I consent to the order requested for visitation (parenting time).

c.

 

I do not consent to the order requested for

 

child custody

 

visitation (parenting time)

 

 

 

 

 

 

 

but I consent to the following order:

 

 

 

 

 

 

 

 

 

 

 

 

CHILD SUPPORT

a.I have completed and filed a current Income and Expense Declaration (form FL-150) or, if eligible, a current Financial Statement (Simplified) (form FL-155) to support my responsive declaration.

b. I consent to the order requested.

c. I consent to guideline support.

d. I do not consent to the order requested but I consent to the following order:

4.

SPOUSAL OR DOMESTIC PARTNER SUPPORT

a.I have completed and filed a current Income and Expense Declaration (form FL-150) to support my responsive declaration.

b. I consent to the order requested.

c. I do not consent to the order requested but I consent to the following order:

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Form Adopted for Mandatory Use Judicial Council of California FL-320 [Rev. July 1, 2016]

RESPONSIVE DECLARATION TO REQUEST FOR ORDER

Code of Civil Procedure, § 1005 Cal. Rules of Court, rule 5.92 www.courts.ca.gov

FL-320

PETITIONER:

RESPONDENT: OTHER PARENT/PARTY:

CASE NUMBER:

5.

6.

PROPERTY CONTROL

 

 

a.

 

I consent to the order requested.

 

but I consent to the following order:

 

 

b.

 

I do not consent to the order requested

 

 

 

ATTORNEY'S FEES AND COSTS

a.I have completed and filed a current Income and Expense Declaration (form FL-150) to support my responsive declaration.

b.I have completed and filed with this form a Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) or a declaration that addresses the factors covered in that form.

c. I consent to the order requested.

d.

 

I do not consent to the order requested

 

but I consent to the following order:

 

 

7.

8.

9.

DOMESTIC VIOLENCE ORDER

a. I consent to the order requested.

b. I do not consent to the order requested

OTHER ORDERS REQUESTED

a. I consent to the order requested.

b. I do not consent to the order requested

TIME FOR SERVICE / TIME UNTIL HEARING

a. I consent to the order requested.

b. I do not consent to the order requested

but I consent to the following order:

but I consent to the following order:

but I consent to the following order:

10.

 

FACTS TO SUPPORT my responsive declaration are listed below. The facts that I write and attach to this form cannot be

 

 

 

longer than 10 pages, unless the court gives me permission.

 

Attachment 10.

 

 

 

I declare under penalty of perjury under the laws of the State of California that the information provided in this form and all attachments is true and correct.

Date:

U

(TYPE OR PRINT NAME)

 

(SIGNATURE OF DECLARANT)

FL-320 [Rev. July 1, 2016]

RESPONSIVE DECLARATION TO REQUEST FOR ORDER

 

 

 

 

 

 

 

 

 

 

 

 

For your protection and privacy, please press the Clear

 

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

Save this form

 

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File Properties

Fact Name Description
Purpose The FL-320 form is used in California for individuals responding to a request for orders, such as child custody, visitation, and spousal support. It allows parties to present their positions to the court on these matters.
Governing Laws This form operates under the California Code of Civil Procedure, § 1005, and Cal. Rules of Court, rule 5.92, ensuring that each party follows proper procedural rules before a hearing.
Documentation Requirements Respondents must complete and file a current Income and Expense Declaration (form FL-150) to support claims about financial matters. Proof of income is crucial for considerations of support.
Consent Options The form provides options for parties to consent or not consent to various requested orders, such as child custody or support. This section informs the court of each party's agreement to proposed terms.
Affirmation of Truthfulness At the bottom of the form, the respondent must declare under penalty of perjury that the information provided is true and correct, highlighting the importance of honesty in legal proceedings.

Instructions on Utilizing Fl 320

Filling out the FL-320 form requires some attention to detail, as it’s crucial to accurately represent your position in the matter at hand. It is meant to respond to a request for an order, and ensuring everything is filled out correctly can help support your case in court. Here are the steps to guide you through the process of completing the form.

  1. Begin with the section at the top where you’ll need to provide your name, attorney information (if applicable), and contact details such as your address, phone number, and email.
  2. Next, enter the details of the Superior Court, including the county, street address, mailing address, and the case number.
  3. Identify yourself as the Petitioner or Respondent by filling in the appropriate section.
  4. Indicate whether there are any domestic violence restraining orders currently in effect. Circle either option a or b to show your agreement or disagreement with the statement regarding restraining orders.
  5. For child custody and visitation, select the appropriate responses that reflect your position. You may need to consent to the requested orders or propose alternative arrangements.
  6. Complete the child support section, noting whether you’ve filed an Income and Expense Declaration and how you respond to the requested child support order.
  7. In the spousal or domestic partner support section, indicate if you’ve filed the relevant financial declarations and your response to the requested orders.
  8. Address property control by stating your consent to the requested orders or suggesting alternatives as necessary.
  9. For attorney's fees and costs, confirm if you’ve completed the required documents to support your declaration, and agree to or dispute the fees requested.
  10. In the section for domestic violence orders, specify your consent or lack thereof to any requested orders.
  11. If there are any additional orders you wish to request, fill out that section with the necessary information.
  12. Complete the time for service and time until hearing section by indicating your agreements or disagreements with the requested terms.
  13. In the “Facts to Support” section, write out your supporting facts. Remember to keep this concise, as it cannot exceed ten pages without permission from the court.
  14. Finally, sign and date the form, declaring that the information you’ve provided is true and correct under penalty of perjury.

After completing the form, make sure to review it for any errors or missing information. Once you are confident everything is accurate, print the form and submit it to the court as instructed. It’s also advisable to keep a copy for your records.

Important Facts about Fl 320

What is the FL-320 form used for?

The FL-320 form, titled "Responsive Declaration to Request for Order," is used in California family law cases. It allows a party to respond to a request made by the other party for various orders, such as child custody, child support, spousal support, and domestic violence restraining orders. This form helps the responding party convey their position on the requested orders and includes spaces to outline any alternative orders they support.

Who should use the FL-320 form?

What information is required on the FL-320 form?

The FL-320 form requires several pieces of information. The top section includes personal details of the respondent, such as name, address, and contact information. It also requires case information, including the court name, case number, and details about the petitioner and respondent. Additionally, the form includes sections where the respondent can indicate their position on various issues, including child custody, child support, and spousal support.

How does one submit the FL-320 form?

The completed FL-320 form should be filed with the Superior Court of California in the county where the case is being heard. It is important to ensure that the form is filed by the deadline set by the court. Additionally, the respondent must serve a copy of the form to the other party involved in the case, which can be done by a process server or through other acceptable means specified by the court rules.

Is there a deadline for filing the FL-320 form?

Yes, there is typically a deadline for filing the FL-320 form, which is usually set by the date of the hearing. It is important to check the specific court rules or orders to determine the exact timeline. Generally, submitting the form in a timely manner is crucial to ensure that the court considers the respondent's position during the hearing.

What should be included in the facts section of the FL-320 form?

In the facts section of the FL-320 form, the respondent should provide a clear and concise explanation of the relevant facts that support their position. The court allows a maximum of ten pages for this section, unless additional pages are permitted. It is advisable to include any evidence or circumstances that substantiate the respondent's claims or agreements regarding the requested orders.

Can the FL-320 form be modified after submission?

Once submitted, modifications to the FL-320 form may be challenging. However, if a party needs to make changes or present new information after filing, they may need to file an amended version or submit additional documentation according to court procedures. It is important to check with the court for specific guidelines on making modifications or updates to filed documents.

Are there any fees associated with submitting the FL-320 form?

Filing the FL-320 form may incur fees, as is common with court filings. The exact amount can vary by county and case type. Individuals may also qualify for fee waivers based on financial need. It is advisable to visit the local court clerk’s office or website to obtain detailed information regarding filing fees and potential waivers.

Common mistakes

When completing the FL-320 form, individuals often face challenges that can lead to mistakes. These oversights can cause delays and confusion in court proceedings. Here are five common errors to watch out for when filling out this important document.

Neglecting to Read Instructions: Many people dive into filling out the form without taking the time to read the accompanying instructions. The Information Sheet specific to the FL-320 form contains crucial details that could inform how you answer each question and help avoid misinterpretations.

Inaccurate Information: Providing incorrect details—such as your address, contact information, or even the case number—can lead to serious issues. It's essential to double-check all data for accuracy before submitting. An error in your personal information or other vital areas may cause the form to be rejected or delayed.

Ignoring Required Attachments: Certain sections of the FL-320 require supporting documents, such as the Income and Expense Declaration (form FL-150) or the Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158). Failing to attach these documents can result in an incomplete submission, potentially impacting your case.

Misunderstanding Consent Options: The FL-320 contains several statements where consent is required. It's critical to clearly understand what each option means before responding. Misinterpreting these choices could inadvertently lead you to agree to terms you do not support.

Waiting Too Long to File: Lastly, another frequent mistake is not adhering to deadlines. Timely filing is essential in family law matters. Delaying the completion of the FL-320 could jeopardize your standing in the case and affect forthcoming court dates. Start early to avoid last-minute stress!

By being aware of these common pitfalls, you can significantly improve the chances of submitting a correct and complete FL-320 form. Taking the time to review will help ensure a smoother process as you navigate your legal journey.

Documents used along the form

The FL-320 form, known as the Responsive Declaration to Request for Order, is a crucial document in family law proceedings in California. It allows parties to respond to requests about child custody, support, visitation, and more. This form must often be filed alongside several other documents to provide a complete picture of the case. Below is a list of commonly used forms and documents related to the FL-320.

  • FL-150 - Income and Expense Declaration: This form provides a detailed account of an individual’s income, expenses, and financial obligations. It is necessary for calculating child support and spousal support and is required in support of the requests made in the FL-320.
  • FL-155 - Financial Statement (Simplified): A shorter version of the FL-150, this form is used by individuals with simpler financial situations. It allows them to declare their financial status efficiently for support determinations.
  • FL-158 - Supporting Declaration for Attorney's Fees and Costs Attachment: This form is filed when a party seeks reimbursement for attorney's fees. It requires additional documentation that explains why the fees are warranted, assisting the court in evaluating the request.
  • FL-310 - Application for Order and Supporting Declaration: Used when a party seeks immediate orders from the court, often for temporary relief before a hearing. It must be accompanied by a clear statement of the circumstances necessitating the request.
  • FL-311 - Declaration Regarding Service of Declaration: This form confirms that all necessary documents, including the FL-320 and its attachments, have been properly served to other parties. Establishing service is vital for ensuring the case can proceed.
  • FL-320-INFO - Information Sheet for FL-320 Form: This accompanying document outlines information and guidance on how to complete the FL-320 form. It provides important context and clarifies the implications of various choices within the form.

Filing these additional forms correctly ensures that the court has all necessary information to make informed decisions. A clear understanding of each document's purpose aids in navigating family law processes effectively.

Similar forms

The FL-320 form, known as the Responsive Declaration to Request for Order, is specifically designed for situations involving child custody, support, and other family law matters in California. There are several other forms that share similarities with the FL-320, serving distinct yet related purposes in family law. Here are seven documents related to the FL-320:

  • FL-150: Income and Expense Declaration - This form is used to declare your current income and expenses. Similar to the FL-320, it is essential for determining child support and spousal support obligations.
  • FL-155: Financial Statement (Simplified) - For those whose financial situations are less complex, this form serves as a simplified version of the income and expense declaration. It helps support requests made in forms like FL-320.
  • FL-110: Petition for Dissolution of Marriage - This form initiates divorce proceedings, including requests for custody and support, much like the FL-320 which responds to such requests.
  • FL-341: Child Custody and Visitation Order - When a custodial arrangement is established, this form details those arrangements, akin to how the FL-320 addresses custody issues.
  • FL-300: Request for Order - This document is used to request temporary orders from the court, similar to how FL-320 responds to existing requests for orders.
  • FL-158: Supporting Declaration for Attorney's Fees and Costs - When requesting attorney's fees in family law cases, this form supports claims made through the FL-320, focusing on financial need.
  • FL-315: Declaration Regarding Service of Declaration of Disclosure - This form is necessary to ensure that all parties have received relevant financial disclosures, paralleling the financial aspects discussed in the FL-320.

Each of these forms plays an important role in family law proceedings, specifically when addressing the needs and rights of all parties involved. Understanding their connections to the FL-320 can facilitate smoother navigation of family law issues.

Dos and Don'ts

When completing the FL-320 form, there are key actions to follow and avoid to ensure a smooth process. Here’s a helpful list:

  • Do read the Information Sheet: Responsive Declaration to Request for Order (form FL-320-INFO) to understand your obligations and rights.
  • Do provide accurate and complete information regarding your name, address, and case details. Inaccurate information can lead to delays.
  • Do consent to or explicitly state any objections regarding child custody, visitation, or support orders clearly.
  • Do attach the necessary forms, like the Income and Expense Declaration (form FL-150), to support your claims and requests.
  • Do sign and date the form. It’s important that you declare the information is true under penalty of perjury.
  • Don’t leave any sections blank. If a section does not apply, indicate that clearly, rather than leaving it completely empty.
  • Don’t submit the form without reviewing it thoroughly for errors or omissions first.
  • Don’t forget to check the page limits for any attached documents. Staying within the guidelines helps maintain clarity.
  • Don’t forget to keep a copy of your completed form for your records before submitting it to the court.
  • Don’t disclose unnecessary personal information on the form. Focus on what is relevant to your case.

Misconceptions

Clarifying the misconceptions surrounding the FL-320 form can ease confusion for individuals navigating the legal process. Here are nine common misunderstandings:

  1. The FL-320 is only for legal professionals.

    This form can be used by both parties involved in a legal dispute, whether one has legal representation or not. Individuals can represent themselves and still file a responsive declaration.

  2. Filing the FL-320 means I agree with everything.

    Submitting this form does not indicate complete agreement with the other party’s requests. You can indicate consent for certain orders while objecting to others.

  3. The FL-320 is unnecessary if you already have an attorney.

    Even with an attorney, it's essential for the responding party to complete the FL-320, as it formally presents your position and any objections to the court.

  4. Once filed, the FL-320 cannot be changed.

    You may update or amend your declarations as needed, depending on circumstances or new evidence before the hearing.

  5. The FL-320 is only about child custody.

    This form covers a range of issues, including child support, visitation, property control, and spousal support, in addition to child custody.

  6. I don't need to include facts supporting my statements.

    Facts that support your claims or objections must be included if you want the court to consider them. These assertions help clarify your position.

  7. The FL-320 automatically schedules a hearing.

    Filing this form does not guarantee a hearing date. You may need to request a hearing separately, depending on local court rules.

  8. The FL-320 is the same regardless of the court or county.

    While the FL-320 form is standardized, court-specific rules or requirements may vary. Always check with your local court for any additional instructions.

  9. Only one party needs to file the FL-320.

    Typically, if both parties are responding to a court order, each should submit their own FL-320 to ensure both sides are represented equally.

Understanding these points can empower you as you navigate the legal landscape, making the process less daunting.

Key takeaways

Understanding how to properly fill out and use the FL-320 form is crucial for those involved in family law matters. Here are some key takeaways that can help guide you through the process:

  • Know the Purpose: The FL-320 form is a Responsive Declaration to Request for Order. Use it to respond to requests made by opposing parties regarding child custody, visitation, child support, spousal support, and other family law matters.
  • Accurate Information: Ensure all personal details are filled out correctly, including names, addresses, and contact information, as this information will be used by the court.
  • Filing Supporting Documents: Include necessary attachments, such as the Income and Expense Declaration (form FL-150) or the Financial Statement (Simplified, form FL-155). These documents provide essential financial information to support your declarations.
  • Responding to Proposals: Be clear when indicating whether you consent or do not consent to the orders requested in the different sections of the form. This clarity helps the court understand your stance.
  • Detailing Your Position: You must provide a factual basis for your responsive declaration. Limit your explanation to no more than 10 pages unless you receive permission from the court for a longer submission.
  • Sign and Date: Your declaration must be signed and dated. By doing so, you affirm that the information you provided is true and correct under penalty of perjury.

By keeping these takeaways in mind, you can navigate the FL-320 form more effectively, ensuring that your rights and interests are adequately represented in court.

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