Fillable Form 2: FL-320-INFO Information Sheet: Responsive Declaration to (California)

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Form 2: FL-320-INFO Information Sheet: Responsive Declaration to (California)

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USE Responsive Declaration to Request for Order (form FL-320)
Forms checklist
For child custody or visitation (parenting time) orders, you may need to complete some of these forms:
Ask for court orders that were not requested in the Request for Order (form FL-300). Instead, file and serve your
own Request for Order (form FL-300
) to ask for orders about other issues.
If you plan on having witnesses testify at the hearing, you need this form:
For attorney’s fees and costs, you need these forms:
For child support, you need:
For spousal or domestic partner support or orders about your finances, you need these forms:
a.
b.
FL-105, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act
FL-311, Child Custody and Visitation (Parenting Time) Application Attachment
FL-312, Request for Child Abduction Prevention Orders
FL-341(C), Children’s Holiday Schedule Attachment
FL-341(D), Additional Provisions—Physical Custody Attachment
FL-341(E), Joint Legal Custody Attachment
c.
A current form FL-150, Income and Expense Declaration. You may use form FL-155, Financial Statement
(Simplified) instead of form FL-150 if you meet the requirements listed on page 2 of form FL-155.
d.
FL-150, Income and Expense Declaration
FL-157, Spousal or Partner Support Declaration Attachment (if the request is to change a support judgment)
e.
FL-150, Income and Expense Declaration
FL-319, Request for Attorney’s Fees and Costs Attachment (or provide the information in a declaration)
FL-158, Supporting Declaration for Attorney’s Fees and Costs (or provide the information in a declaration)
f.
FL-321, Witness List
FL-320-INFO, Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
www.www.courts.ca.gov
New July 1, 2016
Information Sheet: Responsive Declaration to
Request for Order
(Family Law)
FL-320-INFO
Information Sheet: Responsive Declaration to Request for Order
Carefully read the papers you received to make sure you understand what orders are being requested.
If you received a Request for Order (form FL-300),
DO NOT USE Responsive Declaration to Request for Order (form FL-320) to:
Respond to Request for Domestic Violence Restraining Order (form DV-100
). Instead, you must use Response to
Request for Domestic Restraining Order (form DV-120
).
•
•
Form FL-320
, Responsive Declaration to Request for Order is the basic form you need. Depending on the
requests made in the Request for Order (form FL-300), you may need other forms.
•
Notice: The court will order child support based on the income of the parents.
Child support normally continues until the child is 18 years and has graduated from high school.
You must give the court information about your finances. If you do not, the child support order
will be based on information about your income that the court receives from other sources.
•
•
•
Use form FL-320 to let the court and the other party know that you agree or disagree with each of the requests
made in the Request for Order (form FL-300).
•
•
If you disagree, use form FL-320 to describe the orders you would like the court to make.
If you do not file and serve form FL-320, the court can still make orders without your input.
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1
Note the date, time, and location of the court hearing.
•
• Check to see if the court ordered a specific date for filing and serving your Responsive Declaration to Request
for Order (form FL-320).
If you need more time before the hearing to prepare a responsive declaration or talk with a lawyer, you may ask
the court to continue the hearing date. For more information, consult with a lawyer or contact the the Family Law
Facilitator or Self-Help Center in your court (see item ).
•
16
To respond to a Request for Order, you must:
Complete caption of the form
Next steps: file or serve your paperwork
You must file your paperwork with the court clerk
at least 9 court days before the hearing. If the court
orders a shorter time to file your papers, file them
by the date specified in the order.
Pay filing fees
Generally, you do not have to pay a fee to file the
Responsive Declaration. However, if you have
never filed any papers in the case, you may have to
pay a “first appearance fee,” which, in general,
everyone has to pay when filing court papers in a
case for the first time.
Specify a response to orders requested
Sign and date: Print your name, sign, and write
the date you signed form FL-320.
Items 1–9: Each item on the form matches the
item numbers on the Request for Order (form
FL-300). Complete item 1. Next, mark the same
box that is marked on form FL-300. Then, specify
if you consent (agree) or do not consent to
(disagree with) the orders requested. If you
disagree, describe the order you would like the
court to make. Note: you may file one form
FL-150 to respond to items 3, 4, and 6.
Complete the top portion including your name,
address, and telephone number, the court address,
the name of all the parties in the case, and the case
number. Also, print or type the same hearing date,
time, and department that appears on the Request
for Order (form FL-300).
If you cannot afford to pay the filing fee, you can
ask the court to waive the fees. To do so, complete
and file form FW-001
, Request to Waive Court
Fees and form FW-003, Order on Court Fee
Waiver.
Item 10: Use the space to explain your responses
to items 1–9. Include the reasons why you do not
agree with the orders requested by the other party
and why the court should make the orders you
described. If you need more space, write your
responses on a separate sheet of paper and attach it
to the form (Attached Declaration (form MC-031)
may be used for this purpose).
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Serve your papers on the other party
“Service” is the act of giving your legal papers to
all persons named as parties in the case so that they
know what orders you want the court to make.
Note: If a party has a lawyer in the
case, the papers should be served on that party’s
lawyer.
Make 2 copies of your original paperwork. Then,
do one of the following before the filing deadline:
Take your paperwork and copies to the court
clerk to process (or e-file them, if available in
your county). The clerk will keep the original and
give you back copies with a court stamp on them.
Have a stamped copy served; or
Have an unstamped copy of your paperwork
served before you take (or e-file) the
originals and copies to the court clerk to file.
Be sure the original documents are not served.
•
•
FL-320-INFO
Information Sheet: Responsive Declaration to Request for Order
FL-320-INFO, Page 2 of 3
New July 1, 2016
Information Sheet: Responsive Declaration to
Request for Order
(Family Law)
Personal service or service by mail on the other
party must be completed at least 9 court days before
the court hearing. If the court has ordered a shorter
time to serve your responsive papers, be sure to
have them served by the date specified in the court
order.
Deadline for service
Server. You cannot serve the papers. Have
someone else (who is at least 18 years old) do it.
The “server” can be a friend, a relative who is not
involved in your case, a county sheriff, or a
professional process server.
Personal service.
Your papers may be
served by “personal
service.” “Personal
service” means that
Service by mail.
“Service by mail”
means that your
“server” places copies
of all the documents
in a sealed envelope
and mails them to the
address of each party
File the Proof of Service before your
hearing date
The Proof of Service shows the judge that the
person received a copy of your Responsive
Declaration to Request for Order. Make three
copies of the completed Proof of Service. Take the
original and copies to the court clerk as soon as
possible before your hearing.
Server must complete a Proof of Service
After personal service, the server should complete a
form FL-330, Proof of Personal Service.
Form
FL-330-INFO, Information Sheet for Proof of
Personal Service has instructions to help the person
complete the form.
After service by mail, the server should complete
form FL-335, Proof of Service by Mail.
Form
FL-335-INFO, Information Sheet for Proof of
Service by Mail has instructions to help the person
complete the form.
Still have questions or need help?
Contact the Family Law Facilitator or Self-Help
Center for information, local rules, and referrals
to local legal services providers. Go to
http://
www.courts.ca.gov/1083.htm/.
Talk to a lawyer if you want legal advice,
someone to go to court with you, or other legal
help. Find an attorney through your local bar
association, the State Bar of California at
calbar.
ca.gov, or the Lawyer Referral Service at
1-866-442-2529.
For free and low-cost legal help (if you qualify),
go to lawhelpcalifornia.org
.
•
•
•
Find more information about preparing for the
hearing at
www.courts.ca.gov/1094.htm.
Get ready for your hearing
How to “serve”
The clerk will keep the original and give you back
the copies stamped “Filed.” Bring a copy stamped
“Filed” to your hearing. (If unstamped copies of
your paperwork were served, you can file the
completed Proof of Service when you file the
original Responsive Declaration.)
Take at least two copies of your documents and
filed forms to the hearing. Include a filed Proof of
Service form.
•
•
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If the Request for Order includes a court order for
you to attend mediation or child custody
recommending counseling, the date, time, and
location is found on page 1 of the Request for
Order. For more information, read Child Custody
Information Sheet (form FL-313-INFO
or form
FL-314-INFO).
Participate in child custody mediation or
child custody recommending counseling
being served (or to the party’s lawyer, if he or she
has one.) The server must be 18 years of age or over
and must live or work in the county where the
mailing took place.
your “server” walks up to each person to be served,
makes sure he or she is the right person, and then
gives a copy of all the papers to him or her.
FL-320-INFO
Information Sheet: Responsive Declaration to Request for Order
FL-320-INFO, Page 3 of 3
New July 1, 2016
Information Sheet: Responsive Declaration to
Request for Order
(Family Law)
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Form 2: FL-320-INFO Information Sheet: Responsive Declaration to (California)

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Completed 23 November 2020

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