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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36926
Experience:  30 years as a family law lawyer .
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I was off of work today and am currently paying spousal

Customer Question

I was laid off of work today and am currently paying spousal support. I know that I need to file an exparte but, which one? What do I need to attach? How does the process work?
Submitted: 15 days ago.
Category: Family Law
Expert:  RayAnswers replied 15 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Customer: replied 15 days ago.
sounds good Ray
Expert:  RayAnswers replied 15 days ago.

Forms for you, you file here and serve the ex with it.The court will not grant this exparte ex gets notice and it may be several weeks.

http://www.courts.ca.gov/documents/fl390.pdf

Expert:  RayAnswers replied 15 days ago.

Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (“Notice of Motion”) (form FL-390).

• Responsive Declaration to Motion for Simplified Modification for Child, Spousal, or Family Support (form FL-392).

• Findings and Order After Hearing (form FL-340) and Child Support Information and Order Attachment (form FL-342).

• Income and Expense Declaration (form FL-150).

Next, follow these steps:

1) Fill out and sign the Form FL 390: Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

2) Fill out FL 150 or the Income and Expense Declaration. You must attach copies of your most recent W-2 form(s) and three most recent paycheck stubs.

3) You must schedule a hearing date with your court clerk’s office before filing and serving these papers. You must enter the hearing date in item 1 of the Notice of Motion.

4) Make at least three copies of these forms after you have completed them:

· Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390).

· Financial Income and Expense Declaration (form FL-150).

5) You must have one copy of each of the following papers served on the local child support agency and on the other party, if the other party is not the county:

· Your Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-390).

· Your Income and Expense Declaration (form FL-150).

· A blank Responsive Declaration to Motion for Simplified Modification of Order for Child, Spousal, or Family Support (form FL-392).

· A blank Income and Expense Declaration (form FL-150).

· Information Sheet—How to Oppose a Request to Change Child, Spousal, or Family Support (form FL-393).

For instructions on how to serve these papers properly, see the information box on the Proof of Service, found on the reverse of the Notice of Motion (form FL-390). Whoever serves the papers should fill out and must sign the Proof of Service.

6) Take the original of each of the completed forms to the court clerk’s office for filing.

I appreciate the chance to help tonight.Make sure you file for UI here and get benefits or at least try.

I am so sorry you are having to go through this.Thanks again.

Customer: replied 15 days ago.
Hi Ray,I'm not sure I understand - why do I need a hearing, I thought this is an emergency order. I am currently being garneshed wages for support and I am no longer employed as of today...
Expert:  RayAnswers replied 15 days ago.

The judge is not going to reduce this ex parte here, being honest you have to file and serve her with motion and hearing.You need a hearing because the court will want to hear from both sides.You need to make sure you apply for benefits here, look for work and be able to show when , where, etc you applied even part time Christmas work.Know that judges will want you to show hardship and what you did to find work.Judge sees this as taking money out of kids mouth so make sure you have all the bases covered.

Customer: replied 15 days ago.
Just to be clear, I have 100% custody of our child and 100% time and you are saying that even being unemployed I will have to continue paying?
Expert:  RayAnswers replied 15 days ago.

Yes this is never done ex parte, you have to have motion filed with service and a hearing date.If you have the child you have great facts but you need to follow the step by step I gave you here to be successful and have it granted.

I wish you the best here.

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