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The FL-340 form plays a crucial role in family law proceedings within the Superior Court of California. It is utilized to document findings and orders following a hearing related to various issues such as custody, visitation, and support. When filling out this form, key details including the names of the involved parties, dates of hearings, and the judicial officer presiding over the case must be provided. The form outlines what has been determined regarding custody and parenting times, child support, spousal support, property orders, and attorney's fees, ensuring each party is aware of their responsibilities and rights. Additionally, there is a section for any reserved issues that may need further consideration in the future. With fields for attorney contact information and specific case details, this form aids in maintaining clear communication and records within the court system. Ultimately, the FL-340 serves to provide clarity and resolution for families navigating challenging situations, allowing them to focus on moving forward.

Form Sample

FL-340

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 PARTY:

CASE NUMBER:

FINDINGS AND ORDER AFTER HEARING

1. This proceeding was heard

 

 

 

 

 

 

on (date):

 

at (time):

 

 

 

in Dept.:

Room:

by Judge (name):

 

 

 

Temporary Judge

 

 

 

 

 

 

 

 

 

On the order to show cause, notice of motion or request for order filed (date):

by (name):

a.

 

 

 

Petitioner/plaintiff present

 

 

 

 

Attorney present (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

Respondent/defendant present

 

 

 

 

Attorney present (name):

b.

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

 

Other party present

 

 

 

 

Attorney present (name):

 

 

 

 

 

 

THE COURT ORDERS

 

 

 

 

 

 

 

 

2.

Custody and visitation/parenting time:

As attached

 

on form FL-341

 

Other

 

 

 

Child support:

 

 

 

 

 

 

Other

3.

As attached

 

on form FL-342

 

 

Spousal or family support:

 

 

 

 

 

 

Other

4.

As attached

 

on form FL-343

 

 

Property orders:

 

 

 

 

 

 

Other

5.

As attached

 

on form FL-344

 

 

Attorney's fees:

 

 

 

Other

6.

As attached

 

on form FL-346

 

 

 

7.

Other orders:

 

As attached

 

 

Not applicable

 

 

 

 

 

8.

All other issues are reserved until further order of court.

 

 

 

 

 

9.

 

 

This matter is continued for further hearing on (date):

 

 

at (time):

in Dept.:

 

 

 

 

 

on the following issues:

 

 

 

 

 

 

 

 

Date:

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

JUDICIAL OFFICER

Approved as conforming to court order.

SIGNATURE OF ATTORNEY FOR

PETITIONER / PLAINTIFF

RESPONDENT/DEFENDANT

OTHER PARTY

Page 1 of 1

Form Adopted for Mandatory Use

Judicial Council of California FL-340 [Rev. January 1, 2012]

FINDINGS AND ORDER AFTER HEARING

www.courts.ca.gov

 

(Family Law—Custody and Support—Uniform Parentage)

 

Document Specifications

Fact Name Detail
Purpose The FL-340 form is used in California family law cases to document findings and orders after a court hearing.
Governing Law This form is governed by California Family Code sections relevant to custody, support, and other family law issues.
Judicial Council Adoption The form has been adopted by the Judicial Council of California for mandatory use in family law proceedings.
Form Revision The current version of the FL-340 was revised on January 1, 2012, which may affect its format and requirements.
Related Forms Findings related to custody, support, and property orders are detailed in associated forms FL-341 through FL-344 and FL-346.
Information Gathering The form collects essential information, including names of parties, case number, and the judge involved in the proceedings.
Hearing Details The FL-340 contains sections to specify the date, time, and department of the hearing, ensuring clarity for future reference.
Optional Information Optional fields exist for providing contact information such as fax numbers and email addresses for attorneys.

Steps to Filling Out Fl 340

Filling out the FL-340 form is an essential part of the court process concerning family law matters. It collects important information regarding custody, support, and other related issues. Below are the steps you need to take to complete the form correctly.

  1. Begin with the header. Enter the name of the attorney (or your name if you are representing yourself), State Bar number, and address in the designated area.
  2. Provide contact information. Fill in the telephone number and, if desired, the fax number and email address.
  3. Identify the attorney for the party. Indicate the name of the attorney representing the party involved in this case if applicable.
  4. Fill in court details. Write the street address, mailing address, city, zip code, and branch name of the Superior Court of California.
  5. State the parties involved. List the petitioner/plaintiff, respondent/defendant, and any other parties in the case.
  6. Enter the case number. Make sure to input the correct case number in the indicated space.
  7. Document hearing details. Record the date, time, department, room number, and the judge’s name for the hearing.
  8. Fill out the presence of parties. Indicate whether the petitioner, respondent, or other parties and their attorneys were present during the hearing.
  9. Detail court orders. Answer the sections about custody, child support, spousal support, property orders, attorney’s fees, and any other orders. Attach additional forms if necessary.
  10. Complete reservation of issues. Note that all other issues will be reserved for further order of the court.
  11. Schedule the next hearing. If applicable, provide the date and time for any continued hearing.
  12. Sign and date the form. Ensure that the form is signed by the appropriate parties to make it official.

More About Fl 340

What is the FL-340 form used for?

The FL-340 form, also known as the Findings and Order After Hearing, is used in California family law cases. It summarizes the court's decisions regarding custody, visitation, child support, spousal support, property orders, and other issues that arise during a family law hearing. This form is crucial for documenting the court's orders and ensuring that all parties are aware of their responsibilities.

Who can fill out the FL-340 form?

The form can be completed by attorneys representing any party involved in the case or by the parties themselves if they are not represented by legal counsel. When filling out the form, it is important to include accurate information, including the names of all parties involved and the case number. Ensuring that the form is filled out correctly helps to avoid delays in court proceedings.

What information is required on the FL-340 form?

The form requires various details, including the names and contact information of the attorney or party submitting the form, the court's address, the names of the petitioner/plaintiff and respondent/defendant, and the findings made by the judge. Specific sections of the form address custody arrangements, child and spousal support, property orders, and any additional issues that the court may address.

How does the court use the FL-340 form?

The court uses the FL-340 form to document its findings and orders after a hearing. It serves as an official record that outlines the judge's decisions and the reasons behind them. This documentation is essential for future reference, especially if disputes arise regarding the orders made. The court may also use the form to set dates for future hearings, as indicated in the form.

Is there a deadline for submitting the FL-340 form?

While specific deadlines may vary depending on individual cases, the FL-340 form should generally be submitted as soon as possible after a hearing. Prompt submission ensures that the orders are put into effect and provides clarity for all parties involved. It is advisable to check with the court or consult an attorney if there are uncertainties regarding deadlines.

What if I disagree with the orders stated on the FL-340 form?

If there is disagreement with the orders outlined on the FL-340 form, the affected party may seek to modify those orders by filing a motion with the court. It is recommended to consult with a qualified attorney to understand the appropriate steps to take. It is critical to act in a timely manner, as there are legal timelines within which motions must be filed.

Are there any attachments required with the FL-340 form?

Yes, the FL-340 form often requires attachments, such as FL-341 for custody and visitation orders, FL-342 for spousal support, FL-343 for property orders, and other relevant forms depending on the issues that were heard. These attachments provide detailed information that supports the court's findings and orders. Parties should ensure that all necessary attachments are included for the form to be deemed complete.

Where can I obtain the FL-340 form?

The FL-340 form can be obtained from various sources, including the official website of the California courts, local family law courthouses, or legal aid organizations. It is important to ensure that the version used is current, as forms can be updated or revised over time. Always check for the most recent version to avoid complications.

Common mistakes

  1. Not filling out your name and contact information correctly: Ensure you provide accurate details for yourself and your attorney, including bar number, email, and phone number. Missing or incorrect information can lead to delays.

  2. Inadequately identifying parties: Clearly state the names of the petitioner/plaintiff, respondent/defendant, and any other parties involved in the case. Ambiguities can create confusion.

  3. Failing to fill out the case number: Always include the correct case number. This will help the court link your documents to the appropriate case without any hassle.

  4. Neglecting to specify the correct dates and times: When indicating the hearing information, make sure the dates and times align with the court’s schedule. Mismatches might lead to rescheduling.

  5. Overlooking required attachments: Remember to attach the necessary forms FL-341, FL-342, FL-343, FL-344, and FL-346 when applicable. Missing attachments can stall the processing of your order.

  6. Vague descriptions of orders: Be clear and specific in describing each order requested, such as custody arrangements or property orders. Ambiguity may result in misinterpretation.

  7. Disregarding the need for signatures: Ensure all relevant parties sign the document where indicated. An unsigned form may be deemed invalid, impacting your case.

  8. Not reserving issues appropriately: Clearly specify which issues are reserved for future hearings. Failing to do this can lead to unresolved matters.

  9. Submitting the form at the wrong time: File the FL-340 form in accordance with court deadlines. Late submissions can hinder your chances for timely hearings.

Documents used along the form

The FL-340 form is essential in family law cases, specifically for documenting findings and orders made after a hearing. Often, this form is used alongside other documents that provide additional details and evidence regarding custody, support, and property arrangements. Below is a list of common forms that accompany the FL-340.

  • FL-341: Custody and Visitation Order - This form outlines the court’s decisions regarding custody and parenting time for any children involved. It details how parents will share time with their children.
  • FL-342: Child Support Order - Used to specify the amount of child support to be paid, this form ensures that both parents understand their financial obligations toward their children's upbringing.
  • FL-343: Spousal or Partner Support Order - This form provides the order for any spousal support or partner support payments that may be required after a separation or divorce.
  • FL-344: Property Order - This document details the division of property and assets between the parties involved in the case, clarifying ownership and responsibilities.
  • FL-346: Attorney's Fees Order - This form addresses the payment of attorney's fees, specifying who is responsible for these costs and how they will be managed.

Using these forms in conjunction with the FL-340 helps to create a clear record of agreements and decisions made in court. This approach ensures that all parties involved are aware of their rights and responsibilities regarding children, finances, and property. Keeping organized documentation is key to navigating family law matters smoothly.

Similar forms

The FL-341 form is used alongside the FL-340 form to address issues of custody and visitation or parenting time in family law cases. Like FL-340, it is essential for documenting arrangements regarding child care after separation or divorce. This form specifically lays out the details of when and how each parent will spend time with their child, ensuring that both parents understand their rights and responsibilities. By focusing on the welfare of the child, FL-341 complements FL-340 by providing clarity on parenting time arrangements.

The FL-342 form pertains to child support matters and is similar to FL-340 in its purpose to outline financial responsibilities of the non-custodial parent. This form provides the court with detailed information on income, necessary expenses, and the amount of support that should be paid. Both FL-340 and FL-342 work together to ensure that children are financially supported and that both parents are aware of their obligations. The FL-342 form thus plays a critical role in maintaining the child's standard of living following separation or divorce.

The FL-343 form addresses spousal or family support, again paralleling the FL-340 form in establishing financial responsibilities. This document focuses on assistance provided to one spouse by the other after separation or during divorce proceedings. Like the FL-340 form, FL-343 aims to ensure fairness and stability for both parties involved. By outlining specific amounts and duration of support, it helps to prevent future conflicts surrounding financial obligations.

The FL-344 form is utilized for property orders, functioning similarly to the FL-340 form in that it outlines how property will be divided between parties. This form is crucial for establishing ownership rights and responsibilities regarding assets acquired during the marriage or partnership. When paired with FL-340, FL-344 helps to provide comprehensive resolutions to financial matters following a family law proceeding.

The FL-346 form deals with attorney's fees, paralleling the FL-340 form's overall function of documenting court orders. This form outlines who is responsible for paying legal costs associated with the divorce or custody case. Similar to FL-340, it seeks to ensure both parties are aware of their financial commitments concerning legal representation, ultimately striving for transparency during legal proceedings.

The FL-350 form, which focuses on modification requests, is akin to FL-340 as it allows parties to request changes to previously established orders. This document ensures that custody, support, or property arrangements can be modified as circumstances change. By providing a structured method for requesting alterations, FL-350 works collaboratively with FL-340 to maintain fairness and adaptability in family law matters.

The FL-351 form addresses the establishment of paternity, further enhancing the connection to FL-340 regarding child custody and support. This form helps to legally recognize the father of a child, which has implications for custody and support agreements. In instances where parentage is disputed or unclear, FL-351 provides a necessary step in establishing parental rights and responsibilities, complementing the objectives of FL-340.

The FL-355 form pertains to the enforcement of support orders, working alongside FL-340 in ensuring that previous court orders are upheld. This form is critical for parents who may not be receiving the financial support mandated by the court. By providing a pathway to enforce compliance, FL-355 assists in ensuring that children receive the support they are entitled to, thereby enhancing the effectiveness of FL-340.

The FL-356 form is aimed at reporting changes in circumstances for existing court orders, similar to the FL-340 form's objective of maintaining updated and relevant agreements. When life events necessitate a change in custody arrangements or support levels, FL-356 provides a formal avenue to communicate these changes to the court. This ensures that all parties involved remain compliant with current circumstances, aligning with the protective aims of FL-340.

The FL-357 form impacts the process of appealing a court decision. Like FL-340, it serves an important role in the ongoing legal process after an initial order has been established. This document allows parties to dispute decisions made by the court, reinforcing the right to seek modifications based on new evidence or perspectives. FL-357, in conjunction with FL-340, emphasizes the dynamic nature of family law and the importance of addressing ongoing changes and concerns fairly.

Dos and Don'ts

Filling out the FL-340 form can seem overwhelming at first, but following some key guidelines will make it easier. Here’s a helpful list of things you should and shouldn’t do when completing this important document.

  • Do be clear and legible in your handwriting or use a computer.
  • Do provide accurate contact information, ensuring you include your name, phone number, and email.
  • Do double-check the case number to avoid complications later on.
  • Do indicate whether you are representing yourself or if you have an attorney.
  • Do follow the provided sections carefully, attaching any necessary forms as indicated.
  • Don’t leave any sections blank unless specified; this could cause delays.
  • Don’t use jargon or overly complicated language – clear and simple is best.
  • Don’t forget to sign and date the form; an unsigned form is not valid.
  • Don’t submit the form without making copies for your records.

By keeping these points in mind, you can navigate the completion of the FL-340 form more confidently. Remember, accuracy and clarity are key to effective communication with the court.

Misconceptions

There are several misconceptions about the FL-340 form that can lead to confusion among those involved in family law proceedings. Below are seven common misunderstandings:

  • Misconception 1: The FL-340 form is only for child custody cases.
  • This form is used for various family law matters, including custody, visitation, support, and property orders.

  • Misconception 2: Only attorneys can fill out the FL-340 form.
  • While attorneys often handle these forms, self-represented parties can also complete and submit the FL-340.

  • Misconception 3: The FL-340 form is filed only after a court hearing.
  • This form can also be used to document agreements reached before or during a hearing.

  • Misconception 4: The FL-340 form does not require supporting documents.
  • Supporting documents, such as FL-341 for custody issues, are often necessary to provide context to the court.

  • Misconception 5: Once filed, the FL-340 form cannot be changed.
  • Modifications can be made, but they typically require further court approval and possibly another hearing.

  • Misconception 6: The FL-340 form guarantees a specific outcome in a case.
  • Completion of the form does not ensure any particular ruling; outcomes depend on the court’s evaluation of all evidence presented.

  • Misconception 7: The FL-340 form can be completed without understanding its contents.
  • It is crucial for parties to understand the implications of the orders they are requesting and how they may affect them.

Clear comprehension of the FL-340 form is essential for individuals navigating family law proceedings. Addressing these misconceptions may lead to more effective participation in the legal process.

Key takeaways

When it comes to completing the FL-340 form, here are some essential points to keep in mind:

  • Understand the Purpose: The FL-340 form is used to document findings and orders after a court hearing in family law cases. It encompasses aspects like custody, visitation, and support.
  • Complete All Required Sections: Ensure that all parts of the form are filled out correctly, including details such as names, addresses, and case number. Incomplete forms may lead to delays.
  • Attendance Recording: Clearly indicate who was present at the hearing. This includes listing all parties, attorneys, and if they were present. Accurate attendance helps establish the context of decisions made.
  • Specific Orders: Attach relevant forms like FL-341 for custody or FL-342 for spousal support. These specific forms provide detailed information, so be sure to refer to them as necessary.
  • Future Hearing Dates: If there are issues left unresolved, be sure to specify the date and time for the next hearing. This keeps all parties informed and prepared for future proceedings.
  • Signature Requirement: Don’t forget the signature section at the bottom of the form. Each party's attorney must sign to affirm the accuracy of the information provided and the orders established.

Careful attention to detail can significantly streamline the process and contribute to a smoother judicial outcome.