Form Fl-398 - Notice Of Activation Of Military Service And Deployment Page 2
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5FL-398
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
5.
I am requesting the court to change the existing
a.
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
other parent.
petitioner/plaintiff
respondent/defendant
This request is based on:
6.
a.
petitioner’s/plaintiff’s
respondent’s/defendant’s
other parent’s
military deployment
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
c.
(Attach this form if the local child support agency is involved.)
7.
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):
8.
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.
9.
Check all that apply (you must check at least one box):
a.
While the service member is deployed, his or her employer will supplement the military pay (specify amount per month
and attach proof): $
b.
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).
c.
It is unknown whether the service member’s employer will supplement the military pay.
d.
While deployed, the service member will have other income (specify amount per month, source of income, and attach
proof): $
10.
The other party and the service member have previously agreed that spousal support cannot be modified or terminated
(attach a copy of the agreement.)
11.
The facts in support of this request are (specify):
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
Page 2 of 5
AND REQUEST TO MODIFY A SUPPORT ORDER
(Family Law—Governmental)
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