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The FL-334 form plays a crucial role in navigating the complexities of family law, particularly when it comes to modifying child custody, visitation, or child support orders in California. This form serves as a declaration regarding the verification of addresses for the parties involved in a case, ensuring that all legal processes are conducted fairly and appropriately. When an individual seeks to modify an existing arrangement, it is essential to accurately provide current addresses for all parties involved, which aids in proper communication and service of documents. Within its structure, the FL-334 requires information such as the names and contact details of the petitioner or plaintiff, the respondent or defendant, and any other relevant parties. Key to this form is the process of notifying the involved parties, which might require personal service or mailing to local child support agencies based on specific circumstances. Additionally, the form necessitates a detailed account of how the current addresses were verified, including direct contact or previous legal filings. Ensuring compliance with these requirements not only streamlines the legal process but also upholds the integrity of the judicial system. This form is a vital tool for attorneys and individuals navigating post-judgment changes in family law, allowing for clear representation and adherence to legal standards.

Form Sample

FL-334

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

 

 

 

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

 

STREET ADDRESS:

 

MAILING ADDRESS:

 

CITY AND ZIP CODE:

 

BRANCH NAME:

 

 

 

PETITIONER/PLAINTIFF:

 

RESPONDENT/DEFENDANT:

 

OTHER PARENT/PARTY:

 

 

 

DECLARATION REGARDING ADDRESS VERIFICATION—

CASE NUMBER:

 

POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY,

 

VISITATION, OR CHILD SUPPORT ORDER

 

1. I am the

 

attorney for

petitioner

respondent

other parent

other party

in this matter.

2.

3.

The request is to modify a judgment or permanent order only for child support and a local child support agency is

providing services in the case. Service of the request solely to modify child support will be made on other party by serving the local child support agency at least 30 days prior to the hearing as provided in Family Code sections 17404(e)(3) and 17406(f).

The request is to modify a judgment or permanent orders for child custody, visitation, or child support.

Note: If you cannot verify the other party’s current residence or office address, mail service may not be used. The other party must be personally served. Proof of Personal Service (form FL-330) may be used for this purpose.

a.Before the request was served on the other party by mail, I verified in the previous 30 days that the other party’s current current residence or office address is (specify):

b.I can confirm that the above address is the other party’s current residence or office address because (specify):

(1)

 

I contacted the other party directly within the past 30 days and he or she gave me the above address.

(2)

 

I have been at that address in connection with a custody and visitation or other matter within the past 30 days.

 

(3) It is the new address that the other party provided on Notice of Change of Address (form MC-040) or other pleading and filed with the court on (specify date):

(4) It is the office address that he or she last gave on a document filed with the court in this case which was also served on me as a party in the case.

(5) I sent the other party a letter by mail to the address in (2) with return receipt requested and the other party signed and accepted the letter at that address within the past 30 days.

(6)

 

 

I confirmed by another method (specify):

 

 

 

 

Continued in Attachment 3b(6).

 

 

 

 

I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct. Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF PERSON COMPLETING THIS FORM)

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Form Approved for Optional Use

Judicial Council of California FL-334 [New January 1, 2012]

DECLARATION REGARDING ADDRESS VERIFICATION— POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, VISITATION, OR CHILD SUPPORT ORDER

Code of Civil Procedure, §§ 1013, 1013a; Family Code, §§ 215, 17404, 17406 www.courts.ca.gov

FL-334

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT: OTHER PARTY:

CASE NUMBER:

NOTICE AND SERVICE INFORMATION

If you want to change a judgment or permanent order for child custody, visitation, or child support, a person at least 18 years of age or older must serve the request on the other party by (1) personal delivery or (2) first-class mail or airmail, postage prepaid. Requests to modify a judgment or permanent order for matters other than child custody, visitation, or child support must be served on the other party by personal service.

•If your request is to change a judgment or permanent orders only for child support and a local child support agency is currently providing services, the other party may be served by mail at the office of the local child support agency. Where service is made by mail on the local child support agency, the following apply:

1.The local child support agency must be served not less than 30 days before the hearing date.

2.Attach a copy of this completed form to the proof of service by mail; and

3.File this original form at the court clerk’s office.

•If your request is to change a judgment or permanent order for child custody, visitation, or child support and you have verified the other party’s current residence or office address, you must:

1.Complete this form to provide the other party’s current residence or business address and indicate how you obtained the other party’s current residence or office address.

2.Attach a copy of this completed form to the proof of service by mail; and

3.File this original form at the court clerk’s office.

•If you cannot verify the other party’s current residence or office address, mail service may not be used. The other party must be personally served. PROOF OF PERSONAL SERVICE (form FL-330) may be used for this purpose.

FL-334 [New January 1, 2012]

DECLARATION REGARDING ADDRESS VERIFICATION— POSTJUDGMENT REQUEST TO MODIFY A CHILD CUSTODY, VISITATION, OR CHILD SUPPORT ORDER

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⇩ PDF

Document Specifications

Fact Name Detail
Purpose of Form The FL-334 form is utilized to request modifications to child custody, visitation, or child support orders after a judgment has been made. It serves as a formal method to update these arrangements if circumstances change.
Governing Laws This form is governed by specific sections of the California Family Code, particularly sections 215, 17404, and 17406, which outline the procedures for modifying existing orders related to family law.
Service Requirements To effectively serve a request for modification, one can opt for personal delivery or first-class mail. However, if dealing exclusively with child support modifications and a local child support agency is involved, mail service to the agency is permissible.
Verification of Address When serving the other party, it is crucial to verify their current residence or office address. If this cannot be confirmed, personal service is required. Failure to do so may affect the legality of the process.
Legal Declaration The individual completing the form must declare under penalty of perjury that the provided information is truthful. This declaration reinforces the seriousness of the contents submitted and ensures accountability in the modification process.

Steps to Filling Out Fl 334

Filling out the FL-334 form is an important step in the process of modifying child custody, visitation, or child support orders. Make sure you have the correct details about the case and the other party's current address before you begin. Follow the steps below to complete the form accurately.

  1. At the top of the form, fill in the name of the attorney or party without an attorney, including the State Bar number and address.
  2. Provide a telephone number and, if applicable, a fax number and email address.
  3. Indicate the attorney for whom this form is being completed, if applicable.
  4. Fill in the name of the Superior Court of California, County, and provide the street address and mailing address, along with the city and zip code.
  5. Identify the branch name of the court where this request will be filed.
  6. Enter the names of the petitioner/plaintiff, respondent/defendant, and other parent/party involved in the case.
  7. Under "Case Number," write in the relevant case number associated with your modification request.
  8. Indicate whether you are the attorney for the petitioner, respondent, other parent, or other party.
  9. Check the appropriate box to confirm if you are requesting to modify child support only, or to modify custody, visitation, or child support.
  10. Provide the current residence or office address of the other party in the specified section.
  11. In the following section, outline how you verified the other party’s address. You can refer to recent communications or documents that confirm the address.
  12. Complete the declaration by signing and dating the form, and print your name.

After filling out the form, ensure that you have a person aged 18 or older ready to serve the document to the other party. They may do this through personal delivery or mailing it via first-class postage. If it's a child support modification and a local agency is involved, make sure to follow the directions for serving them as well.

More About Fl 334

What is the FL 334 form used for?

The FL 334 form is used in California for post-judgment requests to modify child custody, visitation, or child support orders. This form is crucial during legal proceedings when there is a need to change existing court orders regarding these matters.

Who can file the FL 334 form?

The form can be filed by an attorney or a party representing themselves in court. The individual must be involved in the case either as a petitioner, respondent, or another relevant party. It is important for the individual filing the form to specify their connection to the case clearly.

What information do I need to provide on the FL 334 form?

You are required to provide personal information, such as your name, contact details, and legal representation, if applicable. Additionally, you must include the current address of the other party involved in the case and explain how that address was verified within the last 30 days.

Is personal service required for the FL 334 form?

Yes, personal service is generally required. If you cannot verify the other party's current address, you must serve them personally. If the request is solely for child support modifications and the local child support agency is involved, mailing may be permitted under specific conditions.

What is the verification process for the other party's address?

The verification process requires you to confirm the other party's address within the 30 days preceding the filing of the FL 334. You must specify how you obtained this information. The verification options include direct contact, recent visits to the address, or confirmation through previously filed court documents.

What should I do if I cannot verify the other party's address?

If you are unable to verify the other party's current address, you cannot use mail service. Instead, you must arrange for personal service. You may use the Proof of Personal Service form (FL-330) to document this action.

Are there deadlines for filing the FL 334 form?

It is essential to file the FL 334 form with the court clerk's office and serve the other party at least 30 days before the hearing. Meeting this timeline helps ensure the legal process proceeds without unnecessary delays.

What happens after I file the FL 334 form?

After filing the FL 334 form, you must ensure that the other party is served with the request in compliance with the relevant procedures. Following proper service, the court will schedule a hearing based on the request's content.

Can I modify child support without involving a local child support agency?

Yes, you can modify child support without involving a local child support agency. However, you must follow the required procedures, which typically include personal service if the request involves modification of matters beyond child support, like custody or visitation.

Common mistakes

  1. Inaccurate Information: Failing to provide the correct names or addresses can lead to delays. Double-check all entries for accuracy.

  2. Not Updating Contact Details: Many forget to update their contact information, like phone numbers or email addresses. This could hinder communication throughout the process.

  3. Missing Signatures: Omitting a required signature can invalidate the entire submission. Ensure that all necessary parties have signed the form.

  4. Ignoring Verification Details: This form requires verification of the other party's address. Failing to provide this can lead to issues with service.

  5. Neglecting to Follow Service Rules: Ignorance of proper service methods, such as personal service or mail, can delay the process. Always follow the specific requirements outlined in the form.

  6. Overlooking Attachment Requirements: Not attaching necessary documents, like previous orders or proofs of service, can lead to rejection of your request.

  7. Failure to Proofread: Small typos or errors can lead to complications. Ensuring you review the entire form for clarity is essential before submission.

Documents used along the form

The FL-334 form is commonly associated with child custody and support cases in California. It serves as a declaration regarding the verification of the other party’s address when filing a request to modify an existing order. Several additional forms and documents are often utilized in conjunction with FL-334 to facilitate this legal process. Below is a list of such documents, along with their descriptions.

  • FL-330 Proof of Personal Service: This form is used to verify that a legal document has been served to the other party in person. It includes details about who served the documents and the circumstances of the service.
  • FL-303 Request for Order: This document is filed when a party seeks a court order related to child custody, visitation, or support. It outlines the requested changes and the basis for the request.
  • FL-335 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: This form asserts that the court has jurisdiction over child custody matters based on established legal criteria, ensuring that a child’s best interests are considered.
  • FL-340 Child Custody and Visitation Application Attachment: This attachment provides detailed information about the proposed changes to custody or visitation arrangements. It elaborates on the suggestion and reasoning behind the request.
  • FL-346 Child Support Information and Order Attachment: This document supplies particulars concerning the financial obligations related to child support, including income and expenses of the parties involved.
  • FL-341 Statement of Issues: A written outline of the issues that the court needs to address. This document helps clarify the points of contention between the parties.
  • MC-040 Notice of Change of Address: Used to formally notify the court and all parties of any changes to a party’s address. It ensures that all correspondence and legal documents are sent to the correct location.
  • FL-312 Child Support Case Identification: This form helps the court identify and manage child support cases by providing necessary identifiers, ensuring proper case handling.
  • FL-196 Stipulation for Settlement: This is an agreement between parties regarding the terms of custody, visitation, and support, which can be submitted to the court for approval.
  • FL-398 Responsive Declaration to Request for Order: This form allows a responding party to present their side of the issues outlined in the Request for Order, effectively serving as a counterargument.

Understanding these forms and their purposes can aid individuals in effectively navigating the legal process concerning child custody and support modifications. Each document serves a specific function that contributes to the overall management of such cases within the court system.

Similar forms

The FL-335 form, also known as the "Request for Order," is closely related to the FL-334 form. Both documents serve the purpose of initiating modifications regarding child custody, visitation, or child support orders. However, while the FL-334 focuses specifically on post-judgment requests for modifications, the FL-335 can be used to request changes and enforce various types of family law orders. This makes the FL-335 a more versatile option in family law proceedings, as it accommodates different situations that may arise post-judgment.

The FL-300 form, titled "Petition for Dissolution of Marriage," shares similarities with the FL-334 form in that they both initiate legal processes surrounding family law issues. The FL-300 form starts the dissolution process, while the FL-334 form modifies existing arrangements. Although they cater to different stages in family law cases, both documents require detailed information about the involved parties, their addresses, and their requests, ensuring that all necessary information is accurately presented to the court.

Another document that aligns closely with the FL-334 form is the FL-331 form, which is used for "Response to Request for Order." Like the FL-334, the FL-331 is utilized in the context of child custody, visitation, or support but from the perspective of the responding party. This document addresses the modifications requested in the FL-334. Both forms emphasize the need for clear communication and understanding between parties, as both contain vital information that impacts the child and the family dynamic.

The FL-330 form, known as "Proof of Personal Service," serves as a vital supporting document in conjunction with the FL-334 form. When personal service is required for any requests made under FL-334, the FL-330 validates that the other party has been properly served. This ensures that the requests are not only heard by the court but that due process is upheld. Like the FL-334 form, it requires the issuer to provide accurate details on service timing and involved parties.

The FL-050 form, or "Child Custody and Visitation Application," is also similar to the FL-334. It is used to establish or modify custody and visitation orders as part of family law proceedings. While the FL-334 caters specifically to post-judgment modifications related to child custody, visitation, or support, the FL-050 can be used to set initial terms or alter them. Both forms inform the court about the needs of the child and the concerns of the parents, contributing to the broader goal of ensuring the child's best interests are prioritized.

Dos and Don'ts

When filling out the FL 334 form, attention to detail is crucial. Here are some guidelines to help ensure that the process goes smoothly:

  • Do: Clearly state your role. Ensure that you identify yourself as the attorney for either the petitioner, respondent, or another party involved.
  • Do: Provide accurate contact information. Include your name, telephone number, and, if applicable, your email address.
  • Do: Specify the case number in the designated space. This helps the court to easily reference your submission.
  • Do: Review the address verification requirements. Ensure that you have verified the other party's residence or office address within the last 30 days.
  • Do: Be thorough in the declaration regarding address verification. Confirm how you obtained the other party's address.
  • Don't: Ignore the filing deadlines. Be mindful that requests must typically be served at least 30 days prior to the hearing.
  • Don't: Attempt to use mail service if the other party’s address hasn't been verified. Personal service is required in such cases.
  • Don't: Forget to attach necessary documents. Always include a completed copy of this form to your proof of service by mail.
  • Don't: Leave any sections blank. Every part of the form requires attention to ensure completeness.
  • Don't: Overlook the proof of personal service requirement if it's applicable to your situation. Use form FL-330 as necessary.

Misconceptions

The FL-334 form is essential in postjudgment requests to modify child custody, visitation, or child support orders in California. However, several misconceptions exist regarding its usage and requirements. Here are six common misconceptions:

  • The FL-334 form can be submitted without verifying the other party's address. This is incorrect. The form requires that the requesting party verify the current residence or office address of the other party before serving them.
  • It is acceptable to serve the other party by mail for any type of modification request. This misunderstanding persists. Mail service is only permissible for requests limited to modifying child support when a local child support agency provides services. For custody or visitation modifications, personal service is mandatory.
  • Anyone can serve the FL-334 form to the other party. In reality, the individual serving the form must be at least 18 years old and cannot be a party to the case.
  • Filing the FL-334 form is optional. This is not true. Filing the FL-334 with the court clerk’s office is a required step after completing and serving the form, to properly document the modification request.
  • The return of service does not need to be attached to the modification request. Incorrectly, many believe this to be true. A copy of the completed FL-334 form must be attached to the proof of service when filing in court.
  • Changes in address should be reported after serving the form. On the contrary, any address changes must be verified and included in the request before service. The requesting party is responsible for ensuring they have the correct information.

Understanding these misconceptions can help individuals better navigate the legal process involving child custody, visitation, or child support modifications.

Key takeaways

Filling out and using the FL-334 form involves several important considerations. The following key takeaways summarize essential points regarding this process:

  • Purpose of the FL-334 Form: This form is used to request modifications to child custody, visitation, or child support orders in a post-judgment context.
  • Personal Service Requirement: If the other party's address cannot be verified, personal service of the request is necessary. Mail service is not acceptable in such cases.
  • Verification of Address: The form requires the petitioner to verify the other party's current residence or office address. This must be done within 30 days before serving the request.
  • Local Child Support Agency: If a local child support agency is involved, and the request is solely for changing child support, service can be made by mail to the agency, provided it is done 30 days before the hearing.
  • Filing Requirements: After completing the form, the original must be filed with the court clerk. It is also necessary to attach a copy of the completed form to any proof of service by mail.
  • Confirmation Methods: Various methods can be used to confirm the other party's address, such as direct contact or documentation filed with the court.
  • Declaration Requirement: The person completing the form must declare under penalty of perjury that the information is true and correct, signing and dating the form accordingly.