Information Sheet Responsive Declaration To Request For Order {FL-320-INFO}

FL-320-INFO 1 Information Sheet: Responsive Declaration to Request for Order If you received a Request for Order (form FL-300), · Carefully read the papers you received to make sure you understand what orders are being requested. · 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 ). USE Responsive Declaration to Request for Order (form FL-320) 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. 2 3 DO NOT USE Responsive Declaration to Request for Order (form FL-320) to: · 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. · 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). 4 Forms checklist a. 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. b. For child custody or visitation (parenting time) orders, you may need to complete some of these forms: 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. For child support, you need: 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. 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. d. For spousal or domestic partner support or orders about your finances, you need these forms: FL-150, Income and Expense Declaration FL-157, Spousal or Partner Support Declaration Attachment (if the request is to change a support judgment) e. For attorney's fees and costs, you need these forms: FL-150, Income and Expense Declaration FL-158, Supporting Declaration for Attorney's Fees and Costs (or provide the information in a declaration) FL-319, Request for Attorney's Fees and Costs Attachment (or provide the information in a declaration) f. If you plan on having witnesses testify at the hearing, you need this form: FL-321, Witness List 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, Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com FL-320-INFO Information Sheet: Responsive Declaration to Request for Order To respond to a Request for Order, you must: Complete caption of the form 5 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). 6 Specify a response to orders requested Items 1­9: 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. Item 10: Use the space to explain your responses to items 1­9. 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). Sign and date: Print your name, sign, and write the date you signed form FL-320. 7 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. 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. New July 1, 2016 8 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. 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. 9 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 par