Form Fl-398 - Notice Of Activation Of Military Service And Deployment Page 3
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5FL-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 Activation of Military Service and Deployment and Request to Modify a
Support Order if you do not have an attorney to represent you. This form is intended to be used by a service member to ask the court to
modify support based on his or her military activation and out-of-state deployment. If you have an attorney, he or she should complete
this form. If you would like the local child support agency to assist you, fill out a Notice of Deployment and submit it to the local child
support agency. They will prepare a request for modification, and you will not need to appear if you are already deployed. The local
child support agency must attach the Notice of Deployment to form FL-398 to show the court that the service member has authorized
the agency to act on his or her behalf. You can obtain a Notice of Deployment from any local child support agency. Please note that
the child support agency cannot provide services for a modification of spousal support.
You may also ask to appear by telephone. See rule 5.324 of the California Rules of Court, and form FL-679 Request for Telephone
Appearance (Governmental). If you are in the military, you may also ask for the assistance of a JAG (Judge Advocate General) officer.
In addition to the modification procedures contained in the Notice of Activation of Military Service and Deployment and Request to
Modify a Support Order, a service member who has been activated may be eligible for a modification based on a change in
circumstances, specifically a change in income due to military activation. To request a modification of support for reasons other than
out-of-state deployment, see FL-391 Information Sheet—Simplified Way to Change Child, Spousal, or Family Support for what forms to
use and instructions. The service member may also have certain protections provided by the Servicemembers Civil Relief Act (SCRA).
Please note that a modification of support cannot be effective any earlier than the filing with the court of the request to modify support.
When you have completed this form, file the original and attachments with the court clerk. The address of the court clerk is listed in the
telephone directory under “County Government Offices.” Keep two copies of the filed Notice of Activation of Military Service and
Deployment and Request to Modify a Support Order form and its attachments. Serve one copy as well as a blank Responsive
Declaration to Order to Show Cause or Notice of Motion (form FL-320) and blank Income and Expense Declaration (form
FL-150) or Financial Statement (Simplified) (form FL-155) on the other party. If the local child support agency is involved,
serve it too. Keep another copy for your records. (See Information Sheet for Service of Process, form FL-611, Proof of
Personal Service, form FL-330, and Proof of Service by Mail, form FL-335.)
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 for Request for Accommodations by Persons With
Disabilities and Order (form MC-410). (Civil Code, § 54.8.)
INSTRUCTIONS FOR COMPLETING THE NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST
TO MODIFY A SUPPORT ORDER FORM (TYPE OR PRINT FORM IN BLACK INK):
Front page, first box, top of form, left side: Print your name, address, telephone number, and fax number or e-mail address in this box if
it is not already there.
Front page, second box, left side: Print your county’s name and the court’s address in the box. Use the same address for the court that
is on your most recent support order or judgment. If you do not have a copy of your most recent support order or judgment, you can get
one from either the court clerk or the local child support agency.
Front page, third box, left side: Print the names of the Petitioner/Plaintiff, Respondent/Defendant, and Other Parent in this box. Use the
same names listed in your most recent support order or judgment. If no name is listed for the other parent, leave that line blank.
Front page, first box, top of form, right side: Leave this box blank for the court’s use.
Front page, second box, right side: Print your case number in this box. Use the same number that is listed on your most recent support
order or judgment.
Page 1, items 1 through 4:
1.
Insert the name of the person(s) other than you. Include the local child support agency if they are involved in your case.
2.
a.
You must contact the court clerk’s office to get information on obtaining a hearing date for this request. The court clerk will give
you the information you need to complete this section. The hearing date must be written on the copies of the pages served on
the other party.
b. Check the first box if the address of the court where the hearing will be held is the same as the one you put at the top of the
request. Check the second box if the address of the court where the hearing will be held is different from the one you put at the
top of the notice. Print the different court address in the space.
3.–4.
If you need to have the court hear your case in less than the statutorily required time, you can ask the court for an order shortening
time. If you need assistance, contact the court’s family law facilitator in your county or go to
Page 3 of 5
FL-398 [New December 2, 2005]
INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF
ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST
TO MODIFY A SUPPORT ORDER
(Family Law—Governmental)
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