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FL-398
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, 17400 and 17406) (Name, State Bar number, and address): FOR COURT USE ONLY

TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

FAX NO. (Optional):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT:

NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
1. TO (name): 2. A hearing on this request will be held as follows: a. Date: b. Address of court Time: same as noted above Dept: other (specify):

CASE NUMBER:

Rm.:

ORDER SHORTENING TIME
3. Time for service hearing is shortened. Service must be on or before (date): 4. Any responsive declaration must be served on or before (date): Date:
JUDICIAL OFFICER

NOTICE If you are requesting modification of spousal support or family support, you MUST use this form. If the court grants this Request, the new court order will become effective on the date this form was served, or on the date of deployment, whichever is later in time, unless the court determines there is good cause to do otherwise. The deployed person MUST immediately notify the court and all parties when he or she returns from deployment. If the court was not able to hear the modification request before the deployment date, the service member MUST ask the court to bring any unresolved modification request to a hearing within 90 days of return or lose the right to change the support order as requested here.
Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code, 54.8.)

NOTICE FOR CASES INVOLVING A LOCAL CHILD SUPPORT AGENCY
This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner acting as a temporary judge. The court commissioner may still hear your case to make findings and a recommended order. If you do not like the recommended order, you must object to it within 10 court days; otherwise, the recommended order will become a final order of the court. If you object to the recommended order, a judge will make a temporary order and set a new hearing.
Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California FL-398 [New December 2, 2005]

NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
(Family Law--Governmental)

Family Code, 3651 www.courtinfo.ca.gov

American LegalNet, Inc. www.USCourtForms.com

FL-398
PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT:
CASE NUMBER:

5.

I am requesting the court to change the existing child support spousal support family support order made under the case number listed above to an amount based on my income while deployed. b. earnings assignment order to state the new support amount if the request in item 5a is granted. c. This support is payable by petitioner/plaintiff respondent/defendant respondent's/defendant's other parent. other parent's military deployment a.

6.

This request is based on: a. petitioner's/plaintiff's b. completed attached Financial Statement (Simplified) (form FL-155) or completed Income and Expense Declaration (form FL-150) the attached service member's Notice of Deployment that has been submitted to the local child support agency (Attach this form if the local child support agency is involved.) Additional required information a. service member's out-of-state deployment date is (specify date and attach a copy of the order of deployment): b. service member's duration of activation is (specify beginning and end dates): c. A blank Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320) and a blank Financial Statement (Simplified) (form FL-155) or a blank Income and Expense Declaration (form FL-150) will be served with the moving papers. Check all that apply (you must check at least one box): a. b. While the service member is deployed, his or her employer will supplement the military pay (specify amount per month and attach proof): $ While the service member is deployed, his or her employer will not supplement the military pay, and the service member will only have military pay in the amount stated on the attached Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150). It is unknown whether the service member's employer will supplement the military pay. While deployed, the service member will have other income (specify amount per month, source of income, and attach proof): $ The other party and the service member have previously agreed that spousal support cannot be modified or terminated (attach a copy of the agreement.) The facts in support of this request are (specify):

7.

8. 9.

c. d. 10. 11.

Contained in an attached declaration. 12. Send notice of the hearing to the service member at (specify address):

13.

I will be deployed out of state at the time of the hearing. I waive appearing in person at the court hearing. I ask the court to go forward with the hearing to decide if the support will be temporarily modified until I can appear in person. This request is not a waiver of my right to a stay or rehearing of the matter under the Servicemembers Civil Relief Act (SCRA). (This waiver is only valid if the service member signs below.)

14. Number of pages attached: ______ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

FL-398 [New December 2, 2005]

NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
(Family Law--Governmental)

Page 2 of 5

FL-398

INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
If you are the person requesting that the support order be changed:
Please follow these instructions to complete the Notice of Activation of Military Service and Deployment and Request to Modify a Support Order if you do not have an attorney to represent you. This form is intended to be used by a service member to ask the court to modify support based on his or her military activation and out-of-state deployment. If you have an attorney, he or she should complete this form. If you would like the local child support agency to assist you, fill out a Notice of Deployment and submit it to the local child support agency. They will prepare a request for modification, and you will not need to appear if you are already deployed. The local child support agency must attach the Notice of Deployment to form FL-398 to show the court that the service member has authorized the agency to act on his or her behalf. You can obtain a Notice of Deployment from any local child support agency. Please note that the child support agency cannot provide services for a modification of spousal support. You may also ask to appear by telephone. See rule 5.324 of the California Rules of Court, and form FL-679 Request for Telephone Appearance (Governmental). If you are in the military, you may also ask for the assistance of a JAG (Judge Advocate General) officer. In addition to the modification procedures contained in the Notice of Activation of Military Service and Deployment and Request to Modify a Support Order, a service member who has been activated may be eligible for a modification based on a change in circumstances, specifically a change in income due to military activation. To request a modification of support for reasons other than out-of-state deployment, see FL-391 Information Sheet--Simplified Way to Change Child, Spousal, or Family Support for what forms to use and instructions. The service member may also have certain protections provided by the Servicemembers Civil Relief Act (SCRA). Please note that a modification of support cannot be effective any earlier than the filing with the court of the request to modify support. When you have completed this form, file the original and attachments with the court clerk. The address of the court clerk is listed in the telephone directory under "County Government Offices." Keep two copies of the filed Notice of Activation of Military Service and Deployment and Request to Modify a Support Order form and its attachments. Serve one copy as well as a blank Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320) and blank Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) on the other party. If the local child support agency is involved, serve it too. Keep another copy for your records. (See Information Sheet for Service of Process, form FL-611, Proof of Personal Service, form FL-330, and Proof of Service by Mail, form FL-335.)
Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the proceeding. Contact the clerk's office or go to www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and Order (form MC-410). (Civil Code, 54.8.)

INSTRUCTIONS FOR COMPLETING THE NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER FORM (TYPE OR PRINT FORM IN BLACK INK): Front page, first box, top of form, left side: Print your name, address, telephone number, and fax number or e-mail address in this box if it is not already there. Front page, second box, left side: Print your county's name and the court's address in the box. Use the same address for the court that is on your most recent support order or judgment. If you do not have a copy of your most recent support order or judgment, you can get one from either the court clerk or the local child support agency. Front page, third box, left side: Print the names of the Petitioner/Plaintiff, Respondent/Defendant, and Other Parent in this box. Use the same names listed in your most recent support order or judgment. If no name is listed for the other parent, leave that line blank. Front page, first box, top of form, right side: Leave this box blank for the court's use. Front page, second box, right side: Print your case number in this box. Use the same number that is listed on your most recent support order or judgment. Page 1, items 1 through 4: 1. Insert the name of the person(s) other than you. Include the local child support agency if they are involved in your case. 2. a. You must contact the court clerk's office to get information on obtaining a hearing date for this request. The court clerk will give you the information you need to complete this section. The hearing date must be written on the copies of the pages served on the other party.

b. Check the first box if the address of the court where the hearing will be held is the same as the one you put at the top of the request. Check the second box if the address of the court where the hearing will be held is different from the one you put at the top of the notice. Print the different court address in the space. 3.4. If you need to have the court hear your case in less than the statutorily required time, you can ask the court for an order shortening time. If you need assistance, contact the court's family law facilitator in your county or go to www.courtinfo.ca.gov/selfhelp/.

FL-398 [New December 2, 2005]

INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
(Family Law--Governmental)

Page 3 of 5

FL-398 Page 2, items 5 through 12: 5. a. b. Check the box for the type of support order that you are asking to have changed. If the person who pays support is in the military, and the support order is changed and the court issues a new earnings assignment order to show the new support amount, the new earnings assignment order must be served on one of the following finance centers. If the service member is in the Army, Navy, Air Force or Marines, it must be served on: DFAS Cleveland Center, DFAS-DGI/CL, P.O. Box 998002, Cleveland, OH 44199-8002. If the service member is in the Coast Guard, the new earnings assignment order must be served on: Commanding Officer (LGL), U.S. Coast Guard Pay and Personnel Center, Federal Building, 444 SE Quincy Street, Topeka, KS 66683-3591.

c. Check the box that correctly describes the person who is paying the support. 6. a. Check the box to show who is being deployed by the military. b. Fill out the Financial Statement (Simplified) (form FL-155), if you are allowed to use the form. See the instructions on the back side of the form to see if you qualify. If you are not allowed to use the Financial Statement (Simplified) (form FL-155), fill out the Income and Expense Declaration (form FL-150). You must attach copies of your most recent W-2 forms and paycheck stubs for the last two months to the Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150). If you are requesting a modification of spousal support, you must fill out the Income and Expense Declaration (form FL-150). A service member must include his or her Basic Pay, Basic Allowance for Subsistence, Basic Allowance for Quarters benefits (BAQ), and any other non-taxable entitlements in the income section of the Income and Expense Declaration (form FL-150). Attach a copy of the Leave and Earnings Statement (LES) from the last two months, if available. c. Check this box if you are in the military and are asking the local child support agency to seek a modification of support while you are deployed out-of-state. You must attach a completed copy of the Notice of Deployment form provided to you by the local child support agency. 7. a. Print the date that the service member was first deployed out of state or the expected date of deployment if he or she has not yet been deployed, and attach a copy of the order of deployment.

b. Print the dates showing the duration of the service member's activation, listing both the beginning date and the end date. 8. Include a blank Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320) in the papers you serve on the other party. Also include a blank Financial Statement (Simplified) (form FL-155) or a blank Income and Expense Declaration (form FL-150). 9. Check all boxes that apply. a. Check the box if the employer will supplement military pay while the person is deployed; specify monthly amount and attach proof (such as a letter from the employer). b. Check the box if the employer will not supplement military pay during the deployment, and the service member will only have military pay in the amount stated on the attached Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150). c. Check the box if it is unknown whether the service member's employer will supplement the military pay. d. Check the box if there will be other income (such as rental income); specify the monthly amount and attach proof. You will also need to indicate any investment or other income on the Income and Expense Declaration (form FL-150). If you have rental property income you will need to include a schedule showing gross receipts less cash expenses. See form FL-150 for specific instructions on other attachments that may be needed if you have investment or business income. 10. Check the box if you and the other party have previously agreed that spousal support cannot be modified or terminated. Attach a copy of your agreement. 11. Tell the court about any other information that supports your request. If you need additional space, you may attach pages. 12. List the service member's APO address or a local address where the service member will receive timely notice of the court proceedings. 13. If you will be deployed out of state and unavailable to appear at the time of the hearing, you may sign this waiver and ask the court to hold the hearing without you. The court may or may not grant your request. If you check this box, you must sign the bottom of page 2 of the form and make sure that it is fully and accurately completed and has all necessary attachments. You may also have certain protections provided by the Servicemembers Civil Relief Act (SCRA). You may ask for the assistance of a JAG (Judge Advocate General) officer. 14. Put the number of pages attached. You must date the request, print your name, and sign the form under penalty of perjury. When you sign the form, you are stating that the information you have provided is true and correct. For instructions on how to complete the Proof of Service, see Information Sheet for Service of Process (form FL-611). The person who serves the request and its attachments must fill out the Proof of Service form. You cannot serve your own request.
FL-398 [New December 2, 2005]

INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
(Family Law--Governmental)

Page 4 of 5

FL-398

If you are the person receiving the request that the support order be changed:
You will need to file a response and go to the hearing unless a written agreement is reached and signed by the court before the hearing. Complete the Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320). If a blank Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320) was not given to you when you received the Notice of Activation of Military Service and Deployment and Request to Modify a Support Order (form FL-398), the court clerk's office, the court's Office of the Family Law Facilitator, or the local child support agency can tell you where one can be found. Or you can get one from the California Court's Web site: www.courtinfo.ca.gov/forms/. Fill out the form Financial Statement (Simplified) (form FL-155) if you are allowed to use the form. See the instructions on the back of the form to see if you qualify; otherwise, you must fill out the form Income and Expense Declaration (form FL-150). You must attach copies of your most recent W-2 forms and paycheck stubs for the last two months to the Financial Statement (Simplified) (form FL-155) or the Income and Expense Declaration (form FL-150). Make at least three copies of the completed form and all attachments. You must have one completed copy of each of the following papers served on the other party. If the local child support agency is involved, serve it to: Your Responsive Declaration to Order to Show Cause or Notice of Motion (form FL-320). Your Financial Statement (Simplified) (form FL-155) or Income and Expense Declaration (form FL-150). For instructions on how to serve these papers properly, see Information Sheet for Service of Process (form FL-611), Proof of Personal Service (form FL- 330) and Proof of Service by Mail (form FL-335). Whoever serves the papers should fill out and must sign the Proof of Service. If there are reasons to file your own motion for modification, see FL-391 Information Sheet--Simplified Way to Change Child, Spousal, or Family Support. NOTICE: Consult the court's Office of the Family Law Facilitator or the local court rules to see if there are any other documents you will need to have served on the local child support agency and on the other party. The local child support agency or the court's family law facilitator's office may be able to provide you with a child support calculation based on both parents' income to determine the amount of guideline support. If you agree with the proposed changes, you may be able to have one of these offices prepare an agreement to change the child support and have it signed by both parents and the court. If you are able to reach an agreement with the other party and the agreement is signed by the court before the hearing, you do not need to appear at the hearing. NOTICE: Unless you know the hearing has been taken off calendar, you should go to the hearing as scheduled to protect your rights. You might consider calling the court the day before the hearing to see if the hearing is still on the calendar.

If you need additional assistance with this form, contact an attorney or the court's family law facilitator.

FL-398 [New December 2, 2005]

INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
(Family Law--Governmental)

Page 5 of 5