Form Fl-398 - Notice Of Activation Of Military Service And Deployment Page 4
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5FL-398
Page 2, items 5 through 12:
5. a. Check the box for the type of support order that you are asking to have changed.
b.
If the person who pays support is in the military, and the support order is changed and the court issues a new earnings
assignment order to show the new support amount, the new earnings assignment order must be served on one of the following
finance centers. If the service member is in the Army, Navy, Air Force or Marines, it must be served on: DFAS Cleveland
Center, DFAS-DGI/CL, P.O. Box 998002, Cleveland, OH 44199-8002. If the service member is in the Coast Guard, the new
earnings assignment order must be served on: Commanding Officer (LGL), U.S. Coast Guard Pay and Personnel Center,
Federal Building, 444 SE Quincy Street, Topeka, KS 66683-3591.
c.
Check the box that correctly describes the person who is paying the support.
a. Check the box to show who is being deployed by the military.
6.
b.
Fill out the Financial Statement (Simplified) (form FL-155), if you are allowed to use the form. See the instructions on the back
side of the form to see if you qualify. If you are not allowed to use the Financial Statement (Simplified) (form FL-155), fill out the
Income and Expense Declaration (form FL-150). You must attach copies of your most recent W-2 forms and paycheck stubs
for the last two months to the Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150).
If you are requesting a modification of spousal support, you must fill out the Income and Expense Declaration (form
FL-150).
A service member must include his or her Basic Pay, Basic Allowance for Subsistence, Basic Allowance for Quarters benefits
(BAQ), and any other non-taxable entitlements in the income section of the Income and Expense Declaration (form FL-150).
Attach a copy of the Leave and Earnings Statement (LES) from the last two months, if available.
c. Check this box if you are in the military and are asking the local child support agency to seek a modification of support while
you are deployed out-of-state. You must attach a completed copy of the Notice of Deployment form provided to you by the
local child support agency.
7.
a.
Print the date that the service member was first deployed out of state or the expected date of deployment if he or she has not
yet been deployed, and attach a copy of the order of deployment.
b.
Print the dates showing the duration of the service member’s activation, listing both the beginning date and the end date.
8.
Include a blank Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320) in the papers you serve on
the other party. Also include a blank Financial Statement (Simplified) (form FL-155) or a blank Income and Expense
Declaration (form FL-150).
9. Check all boxes that apply.
a.
Check the box if the employer will supplement military pay while the person is deployed; specify monthly amount and attach
proof (such as a letter from the employer).
b.
Check the box if the employer will not supplement military pay during the deployment, 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. Check the box if it is unknown whether the service member’s employer will supplement the military pay.
d. Check the box if there will be other income (such as rental income); specify the monthly amount and attach proof. You will also
need to indicate any investment or other income on the Income and Expense Declaration (form FL-150). If you have rental
property income you will need to include a schedule showing gross receipts less cash expenses. See form FL-150 for specific
instructions on other attachments that may be needed if you have investment or business income.
10. Check the box if you and the other party have previously agreed that spousal support cannot be modified or terminated. Attach a
copy of your agreement.
11. Tell the court about any other information that supports your request. If you need additional space, you may attach pages.
12. List the service member’s APO address or a local address where the service member will receive timely notice of the court
proceedings.
13. If you will be deployed out of state and unavailable to appear at the time of the hearing, you may sign this waiver and ask the court
to hold the hearing without you. The court may or may not grant your request. If you check this box, you must sign the bottom of
page 2 of the form and make sure that it is fully and accurately completed and has all necessary attachments. You may also have
certain protections provided by the Servicemembers Civil Relief Act (SCRA). You may ask for the assistance of a JAG (Judge
Advocate General) officer.
14. Put the number of pages attached.
You must date the request, print your name, and sign the form under penalty of perjury. When you sign the form, you are stating that the
information you have provided is true and correct.
For instructions on how to complete the Proof of Service, see Information Sheet for Service of Process (form FL-611). The person who
serves the request and its attachments must fill out the Proof of Service form. You cannot serve your own request.
INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF
Page 4 of 5
FL-398 [New December 2, 2005]
ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST
TO MODIFY A SUPPORT ORDER
(Family Law—Governmental)
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