Notice Of Activation Of Military Service And Deployment And Request To Modify A Support Order {FL-398}

FL-398 ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400 and 17406) (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER 1. TO (name): 2. A hearing on this request will be held as follows: a. Date: b. Address of court Time: same as noted above Dept: other (specify): CASE NUMBER: Rm.: ORDER SHORTENING TIME 3. Time for service hearing is shortened. Service must be on or before (date): 4. Any responsive declaration must be served on or before (date): Date: JUDICIAL OFFICER NOTICE If you are requesting modification of spousal support or family support, you MUST use this form. If the court grants this Request, the new court order will become effective on the date this form was served, or on the date of deployment, whichever is later in time, unless the court determines there is good cause to do otherwise. The deployed person MUST immediately notify the court and all parties when he or she returns from deployment. If the court was not able to hear the modification request before the deployment date, the service member MUST ask the court to bring any unresolved modification request to a hearing within 90 days of return or lose the right to change the support order as requested here. Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code, § 54.8.) NOTICE FOR CASES INVOLVING A LOCAL CHILD SUPPORT AGENCY This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner acting as a temporary judge. The court commissioner may still hear your case to make findings and a recommended order. If you do not like the recommended order, you must object to it within 10 court days; otherwise, the recommended order will become a final order of the court. If you object to the recommended order, a judge will make a temporary order and set a new hearing. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California FL-398 [New December 2, 2005] NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER (Family Law--Governmental) Family Code, § 3651 www.courtinfo.ca.gov American LegalNet, Inc. www.USCourtForms.com FL-398 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: CASE NUMBER: 5. I am requesting the court to change the existing child support spousal support family support order made under the case number listed above to an amount based on my income while deployed. b. earnings assignment order to state the new support amount if the request in item 5a is granted. c. This support is payable by petitioner/plaintiff respondent/defendant respondent's/defendant's other parent. other parent's military deployment a. 6. This request is based on: a. petitioner's/plaintiff's b. completed attached Financial Statement (Simplified) (form FL-155) or completed Income and Expense Declaration (form FL-150) the attached service member's Notice of Deployment that has been submitted to the local child support agency (Attach this form if the local child support agency is involved.) Additional required information a. service member's out-of-state deployment date is (specify date and attach a copy of the order of deployment): b. service member's duration of activation is (specify beginning and end dates): c. A blank Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320) and a blank Financial Statement (Simplified) (form FL-155) or a blank Income and Expense Declaration (form FL-150) will be served with the moving papers. Check all that apply (you must check at least one box): a. b. While the service member is deployed, his or her employer will supplement the military pay (specify amount per month and attach proof): $ While the service member is deployed, his or her employer will not supplement the military pay, and the service member will only have military pay in the amount stated on the attached Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150). It is unknown whether the service member's employer will supplement the military pay. While deployed, the service member will have other income (specify amount per month, source of income, and attach proof): $ The other party and the service member have previously agreed that spousal support cannot be modified or terminated (attach a copy of the agreement.) The facts in support of this request are (specify): 7. 8. 9. c. d. 10. 11. Contained in an attached declaration. 12. Send notice of the hearing to the service member at (specify address): 13. I will be deployed out of state at the time of the hearing. I waive appearing in person at the court hearing. I ask the court to go forward with the hearing to decide if the support will be temporarily modified until I can appear in person. This request is not a waiver of my right to a stay or rehearing of the matter under the Servicemembers Civil Relief Act (SCRA). (This waiver is only valid if the service member signs below.) 14. Number of pages attached: ______ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE) FL-398 [New December 2, 2005] NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER (Family Law--Governmental) Page 2 of 5 FL-398 INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER If you are the person requesting that the support order be changed: Please follow these instructions to complete the Notice of