Request For Hearing Regarding Earnings Assignment

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FL-450
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
To keep other people from
seeing what you entered on
your form, please press the
Clear This Form button at the
TELEPHONE NO.:
FAX NO. (Optional):
end of the form when finished.
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
CASE NUMBER:
REQUEST FOR HEARING REGARDING
EARNINGS ASSIGNMENT
NOTICE: Complete and file this form with the court clerk to request a hearing only if you object to the Income Withholding
for Support (form FL-195/OMB0970-0154) or Earnings Assignment Order for Spousal or Partner Support (form FL-435).
This form may not be used to modify your current child support amount. (See page 2 of form FL-192, Information Sheet on
Changing a Child Support Order.) Page 3 of this form is instructional only and does not need to be delivered to the court.
1. A hearing on this application will be held as follows (see instructions for getting a hearing date on page 3):
a.
Date:
Time:
Dept.:
Div.:
Room:
b. The address of the court is:
same as noted above
other (specify):
2.
I request that service of the Earnings Assignment Order for Spousal or Partner Support (form FL-435) or Income Withholding
for Support (form FL-195/OMB0970-0154) be quashed (set aside) because
a.
I am not the obligor named in the earnings assignment.
b.
There is good cause to recall the earnings assignment because all of the following conditions exist:
(1) Recalling the earnings assignment would be in the best interest of the children for whom I am ordered to
pay support (state reasons):
(2) I have paid court-ordered support fully and on time for the last 12 months without either an earnings
assignment or another mandatory collection process.
(3) I do not owe any arrearage (back support).
(4) Service of the earnings assignment would cause extraordinary hardship for me, as follows (state reasons; you
must prove these reasons at any hearing on this application by clear and convincing evidence):
c.
The other parent and I have a written agreement that allows the support order to be paid by an alternative method.
A copy of the agreement is attached. (NOTE: If the support obligation is paid to the local child support agency,
this agreement must be signed by a representative of that agency.)
Page 1 of 3
Form Adopted for Mandatory Use
REQUEST FOR HEARING REGARDING EARNINGS ASSIGNMENT
Family Code, § 5246
Judicial Council of California
(Family Law—Governmental—UIFSA)
FL-450 [Rev. July 1, 2008]

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