Procedure for obtaining an expedited child support order in California

Procedure for obtaining an expedited child support order in California is the topic of this blog post. The California Family Code provides an extremely useful method to obtain an expedited child support order, in some cases without a hearing. This means that a child support order may be obtained faster than the traditional method of filing an order to show cause. This is particularly important now that the budget crisis in California has resulted in overcrowded Court calendars.

The relevant statutes for obtaining an expedited child support order are contained in Chapter 5 of the California Family Code, sections 3620 through 3634. The forms used are official Judicial Council forms FL-380 through FL-382. Click below to view the official forms. http://www.courts.ca.gov/forms.htm?filter=MO

These statutes allow a party to file and then serve a request for an expedited child support order. The procedure and relevant rules for using this method to obtain an expedited order for child support are as follows: In an action for expedited child support that has been filed and served, the Court may, without a hearing, make an order requiring a parent or parents to pay for the support of their minor child or children during the pendency of that action, pursuant to this chapter, the amount required by Section 4055 or, if the income of the obligated parent or parents is unknown to the applicant, then the minimum amount of support as provided in Section 11452 of the Welfare and Institutions Code. See Family Code § 3621.

Family Code § 3622 states that,

“The court shall make an expedited support order upon the filing of all of the following:

(a) An application for an expedited child support order, setting forth the minimum amount the obligated parent or parents are required to pay pursuant to Section 4055 of this code or the minimum basic standards of adequate care for Region 1 as specified in Sections 11452 and 11452.018 of the Welfare and Institutions Code.

(b) An income and expense declaration for both parents, completed by the applicant.

(c) A worksheet setting forth the basis of the amount of support requested.

(d) A proposed expedited child support order.”

The method described above is an extremely useful tool to obtain an expedited child support order, in some cases without a hearing, provided that the other party does not oppose it. And even if there is a hearing it must be held not more than 30 days from the filing of any response. This is significantly faster in most cases than the traditional methods of obtaining a child support order and that is very important due to the clogged court calendars in many courts.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.