Title
Title
Rules and Forms | Child Support: Implementing Amendments to the Family Code (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council approve 2 new forms, revise 20 forms, and revoke 3 forms related to child support. This action is necessary to implement recent changes to the Family Code that (1) require, in compliance with recent federal regulations, that child support orders be based on evidence of actual income or the specific circumstances of the obligor parent; (2) mandate that local child support agencies provide notice regarding payment of support to parents and the court when they begin and cease to provide child support enforcement services; and (3) increase the time period before child support resumes after an obligor parent has been released from incarceration or confinement.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council:
1. Approve the following new forms reflecting changes in law, effective September 1, 2024:
• Earning Capacity Factors Attachment (form FL-302); and
• Information Sheet: Notice Regarding Payment of Support
(form FL-632-INFO).
2. Revise the following forms to conform to new law and make improvements, effective September 1, 2024:
• Notice of Rights and Responsibilities (Health-Care Costs and Reimbursement Procedures) (form FL-192);
• Child Support Information and Order Attachment (form FL-342);
• Non-Guideline Child Support Findings Attachment
(form FL-342(A)); and
• Notice Regarding Payment of Support (form FL-632).
3. Revise the following forms to conform to new law, with an effective date of January 1, 2026:
• Judgment Regarding Parental Obligations (UIFSA) (form FL-530);
• Summons and Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-600);
• Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-610);
• Declaration for Amended Proposed Judgment (form FL-616);
• Judgment Regarding Parental Obligations (form FL-630);
• Notice of Entry of Judgment and Proof of Service by Mail
(form FL-635);
• Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income (form FL-640);
• Information Sheet for Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income (form FL-640-INFO);
• Declaration of Obligor’s Income During Judgment
Period--Presumed Income Set-Aside Request (form FL-643);
• Findings and Recommendation of Commissioner (form FL-665);
• Notice of Motion (form FL-680);
• Order to Show Cause (form FL-683);
• Order After Hearing (form FL-687);
• Short Form Order After Hearing (form FL-688);
• Minutes and Order or Judgment (form FL-692); and
• Guideline Findings Attachment (form FL-693).
4. Revoke the following forms immediately upon the council’s approval, as the corresponding Family Code provisions were repealed on January 1, 2024:
• Application for Expedited Child Support Order (form FL-380);
• Response to Application for Expedited Child Support Order and Notice of Hearing (form FL-381); and
• Expedited Child Support Order (form FL-382).
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