Free Fl 320 PDF Template

1. What is the FL-320 form used for in California courts?

   The FL-320 form, also known as the Responsive Declaration to Request for Order, is utilized in California courts as a formal method for responding to a Request for Order filed by another party. This form allows the responding party to agree with, object to, or suggest alternatives to the orders requested regarding matters like child custody, visitation (parenting time), child and spousal support, domestic violence orders, property control, attorney's fees, and other specific orders.

2. How do I know if I need to complete the FL-320 form?

   If you have been served with a Request for Order (FL-300) in a family law case, and you wish to respond to the requests made in that document, you need to complete the FL-320 form. This is your opportunity to present your side of the matter and any requests you have to the court.

3. What information do I need to fill out in the FL-320 form?

   When completing the FL-320, you're required to provide your personal information and case number, the details of your response to the Request for Order, including your positions on child custody, visitation, support, domestic violence orders, property control, attorney's fees, and other orders sought by the petitioner. Additionally, you must include facts supporting your positions limited to 10 pages unless the court allows more. Finally, your signature certifies that the provided information and attachments are true and correct.

4. Are there any attachments I should include with my FL-320 form?

   Yes, depending on what you are responding to, you may need to include attachments such as a current Income and Expense Declaration (FL-150) or, for attorney's fees, a Supporting Declaration for Attorney’s Fees and Costs (FL-158) if applicable. It's also crucial to attach any factual evidence supporting your responses or requests, keeping in mind the size limit for attachments unless you obtain permission from the court for more.

5. How do I submit the FL-320 form once I have completed it?

   After filling out the FL-320 form, you need to file it with the clerk of the court handling your case. This usually involves bringing or mailing the completed form and any attachments to the court. Remember to also serve a copy to the other party or their attorney, which must be done according to the court's rules on proper service of documents to ensure fairness and legal compliance.

6. Is there a deadline for submitting the FL-320 form?

   Yes, there is a specific timeframe within which you must submit the FL-320. Generally, your Responsive Declaration should be filed and served on the other party at least nine court days before the scheduled hearing, counting from the hearing date back but excluding weekends and legal holidays. However, always check the local court rules or with the court clerk as some jurisdictions may have different requirements.

7. What happens if I agree with the requests made in the Request for Order?

   If you agree with all the requests made in the Request for Order, you can indicate your consent on the FL-320 form. However, it's still important to file the form to officially record your agreement with the court. This helps ensure that the court and the other party are aware of your position and consent, potentially facilitating a smoother process.

8. What should I do if I need more than 10 pages to provide my facts and attachments with the FL-320 form?

   If your response requires more than the allotted 10 pages for facts and attachments, you must request permission from the court to submit additional pages. This is typically done through a written request or motion, explaining why the extra pages are necessary to adequately present your facts and evidence. Approval is at the discretion of the judge managing your case.

9. Can I withdraw or modify my FL-320 form after submitting it?

   Once the FL-320 form has been filed with the court, any changes to it would require you to file an amended version. However, this is subject to the court's approval, and the timing and reasons for the amendment can be factors in whether or not the court allows the change. If you need to withdraw or substantially modify your Responsive Declaration, it's advisable to consult with a legal professional to understand the implications and the proper procedure.

1. Not reading the Information Sheet: Responsive Declaration to Request for Order (form FL-320-INFO) before starting can result in missing critical guidance on how to properly fill out the form.
2. Failing to acknowledge existing restraining or protective orders between the parties, which is crucial for accurately completing the restraining order information section.
3. Incorrectly indicating consent for child custody, visitation, or support orders without fully understanding the implications of the requested orders or not providing a detailed alternative proposal when not in agreement.
4. Omitting the completion and filing of a current Income and Expense Declaration (form FL-150) or, if applicable, a Financial Statement (Simplified) (form FL-155), which supports critical sections of the form such as child support, spousal support, and attorney fees and costs.
5. Skipping the attachment of Supporting Declaration for Attorney's Fees and Costs (FL-158) or a similar declaration that addresses the required factors, thus not substantiating the request for attorney fees and costs adequately.
6. Inadequately describing the factual basis for the responsive declaration in section 10 or exceeding the 10-page limit without court permission, which could lead to disregarding important evidence or information.
7. Not specifying consent or non-consent for each section clearly, which could cause confusion about the declarant’s stance on various orders requested.
8. Forgetting to complete every field, specifically personal contact information and attorney information, if represented, which could delay processing or lead to miscommunication.
9. Misunderstanding the time for service and hearing requirements, leading to inadequate preparation or missed deadlines that can affect the case outcome.
10. Signing without verifying the accuracy of the information, thus risking perjury or presenting incorrect information to the court.

When navigating through legal proceedings, particularly in family law, various forms and documents accompany the filing of a FL-320 form, which is a Responsive Declaration to Request for Order. These documents are essential for providing comprehensive information and supporting claims made within the FL-320 form itself. Understanding these additional forms can offer clarity and ensure that individuals are well-prepared for their legal process.

• FL-150 Income and Expense Declaration: This document is a detailed report of an individual's monthly income and expenses. It is crucial for issues of child support, spousal support, and attorney's fees, offering a financial overview to the court.
• FL-155 Financial Statement (Simplified): For cases that meet certain financial thresholds, this simplified financial statement can be submitted instead of the more detailed FL-150 form, facilitating a quicker overview of an individual's financial situation.
• FL-158 Supporting Declaration for Attorney’s Fees and Costs: This is used to provide a detailed account of legal fees and related costs for which reimbursement is sought. It supplements the FL-320 when attorney fees are a matter of contention.
• FL-311 Child Custody and Visitation Application Attachment: If child custody and visitation (parenting time) are issues in the case, this form provides a structured format to outline proposed arrangements, offering a clear proposal to the court.
• FL-105/GC-120 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): Necessary when child custody issues span more than one jurisdiction, this form provides the court with vital information regarding the child’s residency and any existing custody orders, ensuring that the court has jurisdiction over the custody matters.
• FL-330 Proof of Service of Responsive Declaration to Request for Order: This document verifies that the other party was served with the FL-320 form and any accompanying documents, confirming the engagement with the legal process and adherence to procedural norms.

Each document serves a specific purpose, from detailing financial circumstances to proposing child custody arrangements, and establishing jurisdiction over custody matters. Carefully completing and submitting these forms in conjunction with the FL-320 can significantly impact the outcome of the legal proceedings. It underscores the importance of a thorough and detailed approach to legal documentation, ensuring that the court has a full picture of the situation at hand.

• The Income and Expense Declaration (form FL-150) shares similarities with the FL-320 form in that both require detailed financial information from the parties involved in family law proceedings. The FL-150 form supports various requests, including child support, spousal support, and attorney's fees, much like some sections of the FL-320 form.

• The Financial Statement (Simplified) (form FL-155) is similar to the FL-320 as it offers a streamlined method for providing financial information in support of or against requests made in family law cases. It's particularly designed for simpler cases or those meeting specific income criteria, echoing the financial disclosure aspect present in the FL-320 form.

• The Supporting Declaration for Attorney's Fees and Costs Attachment (form FL-158) complements the FL-320 by providing detailed justification for the request of attorney's fees and costs in a family law case. The FL-320 form allows for the inclusion of this or a similar declaration as part of its process to challenge or agree to such requests.

• Request for Order (form FL-300) is akin to the FL-320 in its function within the judicial process, serving as the initiating document for various family law requests, including child custody, visitation, and support adjustments. The FL-320 acts as a response to the petitions made in an FL-300, allowing the other party to voice their agreement, disagreement, or alternative proposals.

• The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105) is often used in conjunction with the FL-320 form when child custody and visitation issues are in dispute. Both forms require detailed information about the children involved, their residence history, and the legal basis for the requested orders.

• Response to Petition for Custody and Support of Minor Children (form FL-270) parallels the FL-320 in its purpose to offer a formal reply in custody and support matters, although it specifically addresses the initial petition in cases concerning the custody and support of minor children.

• The Domestic Violence Restraining Order Request (form DV-100) relates to the FL-320 in scenarios where issues of domestic violence are present. The FL-320 allows respondents to acknowledge existing restraining orders and their stance towards them, similar to how the DV-100 seeks to establish such orders.

• Child Custody and Visitation (Parenting Time) Application Attachment (form FL-311) is similar to sections of the FL-320 that pertain to child custody and visitation requests. Both forms are instrumental in outlining the specifics of proposed parenting plans, although FL-311 focuses on the initial request while FL-320 might contest or propose alternatives to such requests.

• Responsive Declaration to Request for Order Regarding Custody and/or Visitation (form FL-320) directly corresponds with the FL-320 in function and form, specifically targeting custody and visitation disputes. This specialized use case within the FL-320 allows parties to respond with detailed positions regarding these critical issues.

When completing the FL-320 form, a Responsive Declaration to Request for Order, individuals must navigate both their rights and obligations with precision. This guidance aims to simplify the process, ensuring accuracy and compliance.

Do:

1. Read the Information Sheet (form FL-320-INFO) thoroughly before beginning. It provides critical insights into completing the form accurately.

2. Complete all sections that apply to your situation. If a section does not apply, clearly mark it as "N/A" or "Not Applicable" to indicate it was not overlooked.

3. Provide detailed facts in support of your responsive declaration, but be concise. Ensure your attachments do not exceed 10 pages unless you have received court permission for a longer submission.

4. File a current Income and Expense Declaration (form FL-150) or a Financial Statement (Simplified) (form FL-155), if eligible, to support any financial claims or responses.

5. Sign and date the declaration under penalty of perjury. Your signature attests to the truthfulness and accuracy of the information provided.

6. Keep a copy of the completed form and any attachments for your records. This will aid in future proceedings or in case of any disputes.

7. Consult with a legal professional if you encounter difficulties or have questions. A lawyer can provide valuable guidance tailored to your specific circumstances.

Don't:

• Leave any sections blank without explanation. This could lead to unnecessary delays or a misunderstanding of your intentions.

• Ignore deadlines for filing and serving the FL-320 form. Timeliness is crucial in legal matters, and failing to meet deadlines might jeopardize your case.

• Include information that is irrelevant or not directly related to the case. Stick to facts pertinent to your response to the request for order.

• Exceed the page limit for attachments without court approval. Doing so can cause your additional information to be disregarded.

• Forget to check if there are any restraining or protective orders in effect between the parties. This information is vital and must be accurately reported on the form.

• Submit the form without reviewing it for completeness and accuracy. A simple oversight can lead to significant complications.

• Attempt to use the form for purposes other than responding to a Request for Order. It is specifically designed for this purpose, and its misuse could have legal repercussions.

Approaching the FL-320 form with diligence and awareness of these dos and don'ts will contribute to a smoother legal process, ensuring that your rights and interests are effectively communicated and considered.

There are several misconceptions about the FL-320 form, often known as the Responsive Declaration to Request for Order, crucial in family law proceedings in California. It's important to clear up these misunderstandings to ensure that individuals can accurately complete and utilize the form according to their needs.

• Misconception 1: Completing the FL-320 form is optional when responding to a Request for Order.

  This is incorrect. If you wish to formally contest or respond to what the other party is requesting in their Request for Order, completing and filing the FL-320 form is necessary.

• Misconception 2: You need a lawyer to fill out the FL-320 form.

  While having legal advice can be helpful, the court designed the FL-320 form to be filled out by individuals representing themselves. Instructions are available to guide you through the process.

• Misconception 3: The FL-320 form only covers responses to child custody and visitation requests.

  The form allows parties to respond to a range of orders, including child support, spousal support, attorney's fees and costs, and even domestic violence orders.

• Misconception 4: There is no limit to the length of attachments when submitting facts to support your responsive declaration.

  Attachments with facts to support your case should not exceed 10 pages unless you have received explicit permission from the court.

• Misconception 5: Agreement to some parts of the order means you cannot contest other parts.

  You can consent to specific orders requested by the other party while contesting others. The form is designed to address this nuance clearly.

• Misconception 6: Filing the FL-320 form automatically resolves the issues presented.

  Filing this form is just one step in the process. It must be served to the other party, and typically, a court hearing will follow to resolve the matters at hand.

• Misconception 7: The FL-320 form is the correct form to initiate a request for order.

  The FL-320 form is a response to a Request for Order, not the initial form to request an order. The proper form to initiate such a request is FL-300.

• Misconception 8: Personal service of the FL-320 form is not required.

  This form, like many court documents, must be served to the other party. Depending on the type of court order, the service must be done in person (personal service) or by mail as per specific rules.

• Misconception 9: Responses on the FL-320 form can be vague or generalized.

  Your responses and any attached documentation must be specific and detailed to adequately support your position and provide the court with the information needed to make a decision.

• Misconception 10: Once filed and served, changes to the form or responses cannot be made.

  If circumstances change or if additional information becomes available, parties can file an amended response, subject to court rules and timelines.

Understanding these points clarifies how the FL-320 form functions within the judicial system, allowing individuals to better navigate their legal proceedings with confidence.

Filling out and using the FL-320 form, also known as the Responsive Declaration to Request for Order in California, demands careful attention to detail and accuracy. Here are five key takeaways to guide you through this process effectively:

• Understand the form's purpose: The FL-320 form serves as a response to a Request for Order filed by another party. It allows you to present your side of the story, agreeing with or contesting the requests made, and to propose alternative solutions if necessary. Ensure you comprehend each section to tailor your responses appropriately.
• Complete declarations accurately: The form requires specific declarations about various aspects such as child custody, visitation, child and spousal support, property control, and attorney fees. Accuracy is crucial. If you are in agreement with the requests made, state this clearly. If you disagree, you must not only indicate your dissent but also provide what you consider a more suitable order.
• Include supporting documents: For some sections like child support, spousal support, and attorney's fees, completing and attaching current Income and Expense Declarations (form FL-150) or similar relevant forms is required. This documentation lends credibility to your responses and provides the court with the necessary information to make informed decisions.
• Adhere to the facts: In the section reserved for facts supporting your declaration, stick to clear and concise points relevant to the case. The form limits the attachment to 10 pages unless you have obtained permission from the court for a longer submission. This constraint underscores the importance of brevity and relevance in your submission.
• Verify and affirm your declaration: The final step in completing the FL-320 form involves declaring, under penalty of perjury, that all information provided is true and correct. This serious affirmation requires you to review your responses and attachments meticulously to ensure their accuracy and truthfulness before signing your name.

Properly completing the FL-320 form is a crucial step in the legal process surrounding family law issues in California. By following these key takeaways, you can submit a well-prepared response that accurately reflects your stance and supports your case.