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California Family - Continuing Divorce
California
This workflow asks questions to automatically fill out the California Judicial Council Forms for continuing a divorce proceeding, including child support orders, declarations for default or uncontested division of property, property orders, income withholding.
Family Law, Divorce
California Family - Continuing DivorceThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Carmee Murphy
Attorney
Carmee Murphy graduated from Carnegie Mellon University in 2002 and the University of Pittsburgh School of Law in 2005. Ms. Murphy has 20 years of experience in civil litigation. From 2014 to 2017, Ms. Murphy was selected to the New York Super Lawyers® Rising Stars list, and in 2019, selected to the Pennsylvania Super Lawyers® Rising Stars list. Since 2017, Ms. Murphy has advised and assisted solo practitioners and law firms in civil proceedings in a variety of state and federal jurisdictions.
The FL-350 Stipulated Agreement form is typically needed during the process of establishing or modifying child support orders in the state of California. This form becomes relevant when both parties are in agreement about the terms of child support, but these terms need to be formalized and approved by the court. It is generally used as part of a divorce, legal separation, or custody case where child support is an issue.
- Filed in conjunction with: The form is often used after filing an initial case such as a divorce or legal separation petition.
- Triggering event: The need for this form can be triggered when there is a mutual agreement to modify existing child support orders or to establish them during ongoing family law proceedings.
- Complementary documents: To proceed with this form, parties may need to first complete the Child Support Case Registry Form if the local child support agency is not involved.
Before reaching the point of using the FL-350 form, parties might have attended mediation or reached a verbal agreement on support terms. This form provides the mechanism to legally bind the agreement and ensure it is enforceable by the court. It is often a reflection of cooperative co-parenting decisions made during family law negotiations.
- Prepare the Agreement: Ensure both parents have agreed to the child support terms and fill out the FL-350 form accordingly. Include any additional required forms per your case specifics.
- Court Filing: File the completed form at the Superior Court of California in your county where the original case is open. Confirm any associated filing fees.
- Local Child Support Agency: If they are involved, get a lawyer from the agency to sign the agreement.
- Child Support Case Registry: Submit this form for each parent if the local child support agency is not involved.
- Court Approval: The form must be reviewed and approved by the court for the stipulation to be valid.
Non-Guideline Reasons
Provide clear and specific justifications for deviating from the guideline child support amount. Examples could include shared parenting arrangements that significantly differ from standard calculations or agreements on covering specific expenses that the guideline does not account for. Thorough reasoning helps in case the court questions the deviation.
Non-Guideline Reasons
Provide clear and specific justifications for deviating from the guideline child support amount. Examples could include shared parenting arrangements that significantly differ from standard calculations or agreements on covering specific expenses that the guideline does not account for. Thorough reasoning helps in case the court questions the deviation.
Address Changes
Promptly exchanging new mailing addresses and employment information helps ensure there are no disruptions or missed communications regarding child support. Consider formalizing this agreement through written notices to create a record that both parties understand these obligations.
Address Changes
Promptly exchanging new mailing addresses and employment information helps ensure there are no disruptions or missed communications regarding child support. Consider formalizing this agreement through written notices to create a record that both parties understand these obligations.
Private Collector Fees
If using a private child support collector, clearly understand the fee structure and verify that it complies with regulations, i.e., not exceeding 33 1/3% of arrears or 50% of the collector's fee. Documenting these details ensures transparency and prevents unexpected financial burdens.
Private Collector Fees
If using a private child support collector, clearly understand the fee structure and verify that it complies with regulations, i.e., not exceeding 33 1/3% of arrears or 50% of the collector's fee. Documenting these details ensures transparency and prevents unexpected financial burdens.
Additional Support Costs
When assigning percentage or dollar amounts for additional child support costs, such as uninsured healthcare or educational expenses, consider drafting a detailed plan on how adjustments will be handled if actual costs fluctuate. This prevents disputes and helps maintain a clear understanding between both parties.
Additional Support Costs
When assigning percentage or dollar amounts for additional child support costs, such as uninsured healthcare or educational expenses, consider drafting a detailed plan on how adjustments will be handled if actual costs fluctuate. This prevents disputes and helps maintain a clear understanding between both parties.
Guideline Support
Even if you are agreeing on a different child support amount than the guideline suggests, it's crucial to calculate and document the guideline child support in this section. This is important in case you need to justify your agreement to the court, as not adhering to the guideline may require a demonstration of the agreement's fairness.
Guideline Support
Even if you are agreeing on a different child support amount than the guideline suggests, it's crucial to calculate and document the guideline child support in this section. This is important in case you need to justify your agreement to the court, as not adhering to the guideline may require a demonstration of the agreement's fairness.
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1
Keep a copy of the filed FL-350 form for your records and make sure both parties have a copy.
2
Wait for the court to review and approve the stipulation. This can take several weeks, so check the status periodically with the court clerk if you haven't heard back.
3
If the local child support agency is involved, wait for their approval, as they must sign the agreement before it is finalized. Follow up with them if necessary.
4
Once the court approves, the court may issue an order that includes instructions on how child support payments will be processed, such as through an earnings assignment order via the State Disbursement Unit.
5
Follow any additional instructions or next steps provided by the court following the acceptance and approval of your stipulated agreement.
