Form Fl-398 - Notice Of Activation Of Military Service And Deployment Page 5
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5FL-398
If you are the person receiving the request that the support order be changed:
You will need to file a response and go to the hearing unless a written agreement is reached and signed by the court before the hearing.
Complete the Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320). If a blank Responsive Declaration
to Order to Show Cause or Notice of Motion (form FL-320) was not given to you when you received the Notice of Activation of
Military Service and Deployment and Request to Modify a Support Order (form FL-398), the court clerk’s office, the court’s Office of
the Family Law Facilitator, or the local child support agency can tell you where one can be found. Or you can get one from the
California Court’s Web site:
Fill out the form Financial Statement (Simplified) (form FL-155) if you are allowed to use the form. See the instructions on the back
of the form to see if you qualify; otherwise, you must fill out the form 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 the Income and Expense Declaration (form FL-150). Make at least three copies of the completed form and all
attachments.
You must have one completed copy of each of the following papers served on the other party. If the local child support agency is
involved, serve it to:
Your Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320).
Your Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150).
For instructions on how to serve these papers properly, 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). Whoever serves the papers should fill out and must sign the Proof
of Service. If there are reasons to file your own motion for modification, see FL-391 Information Sheet—Simplified Way to Change
Child, Spousal, or Family Support. NOTICE: Consult the court’s Office of the Family Law Facilitator or the local court rules to
see if there are any other documents you will need to have served on the local child support agency and on the other party.
The local child support agency or the court’s family law facilitator’s office may be able to provide you with a child support calculation
based on both parents’ income to determine the amount of guideline support. If you agree with the proposed changes, you may be able
to have one of these offices prepare an agreement to change the child support and have it signed by both parents and the court. If you
are able to reach an agreement with the other party and the agreement is signed by the court before the hearing, you do not need to
appear at the hearing.
NOTICE: Unless you know the hearing has been taken off calendar, you should go to the hearing as scheduled to protect your
rights. You might consider calling the court the day before the hearing to see if the hearing is still on the calendar.
If you need additional assistance with this form, contact an attorney or the court’s family law facilitator.
Page 5 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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