When you file for divorce, parentage case, or legal separation, you may also file what is called a Request for Order (RFO). This is a common “law and motion” practice in California family law cases.
Disagreements between parties may arise during the divorce proceedings or after the pronouncement of a judgment. The courts can make findings and orders to resolve these issues. Commonly, Requests for Order often relate to child custody, child support, visitation, spousal support, etc. When you’re filing for a Request for Order in California, or responding to an RFO, talk to an Orange County family law attorney for legal advice regarding your case.
What Does a Request Order Do?
A Request for Order is an act of asking the judge to make certain orders for child support, etc., and a court order for the other party. Whenever a family law litigant wishes to request the courts for temporary orders or post-judgment orders, they will file a motion (RFO).
You can file an RFO to:
- Ask for a child support order or temporary alimony in an already existing case
- Ask to sell a family residence
- Ask for payment for health insurance
- Ask for temporary child support orders in the initial filing of your divorce, parentage, or legal separation case
- Ask for child custody and visitation orders
- Request for a motion to determine child/spousal support arrears
- Ask for reimbursement of money; in case of overpayments
- Ask for a motion to restrict the liberties of a party after violation of the Automatic Temporary Restraining Order
- Ask for an order to allow a parent to move out of Orange County with the child
- Ask for a child/spousal modification of your current temporary or permanent order -increase or decrease the support order.
How Do I Prepare a Request for Order in Orange County, CA?
You have different ways of preparing a request for order. They include:
You can purchase legal forms and self-help divorce books at local book stores or printing companies. You will then need to download the State Forms, or Local Forms from the Judicial Council website.
The Department of Child Support Services (DCSS)
They can open a child support case for you. Their address is:
1055 North Main Street
Santa Ana, CA 92701
Ask A Lawyer for Legal Help
Get in touch with an experienced Orange County request for order lawyer who can offer you legal guidance. Your lawyer can help you file and represent you in court. Besides, the other party may have hired an attorney whose main job would be arguing against the motion presented by you.
What Forms Do I Need to Fill Out?
If you are the party filing the RFO by yourself, you have to fill out these forms:
- Request for Order (FL-300) – this is a four-page form that includes the date and time of the hearing, boxes for the standard request often made, and space for your declaration or statement. The declaration or statement part isn’t clear how detailed it should be, and that’s why you need an expert California request for order attorney who can help you draft a concise declaration.
- Income and Expense Declaration (FL-150) – this is also a requirement and is often used when you request financial orders like spousal support, child support, sanctions, attorney fees, etc.
Apart from these two mandatory forms, you need to serve these additional forms on the other party:
- A blank Responsive Declaration to Request for Order (FL-320)
- A blank Income and Expense Declaration (FL-150)
What Are the Steps for Filing and Serving the Request for Order?
File The Filled Out Forms
File your completed forms at the Family Law Clerk’s office, Lamoreaux Justice Center in Orange. Your filed paperwork will either be in Orange or Santa Ana, as indicated on your filed paperwork.
Serve the Forms
Since you can’t do this yourself, you need a family law attorney in Orange County to serve a copy of your Request for Order on your behalf.
File the Proof of Service
Your family law attorney will also file the original proof of service at the Family Law Clerk’s office and bring it to your hearing.
Attend Your Hearing
Arrive early to court and check for your case number on the court calendar. Dress well, and avoid carrying things like weapons, illegal drugs, scissors, firearms, video or audio recorders. Your orange County family law attorney will meet you in court.
How Do I File a Response Declaration to A Request for Order?
A response declaration to a request for order must be filed within nine calendar days after the hearing. It should also be served with any supporting documents. Get help with an Orange County request for order attorney to help you draft factual contentions to the request order.
Legal Expert Helping You Navigate Through the Process
When seeking a child or spousal support order, it is wise to have a working knowledge of how such cases are handled. Besides, before filing for such motions, have a basic idea of what the courts consider when making judgments. Get the legal advice of a family law attorney who can walk you through the process and help you increase your chances of success.
Post-judgment requests often take a lot of time. And if not done as required, you could end up spending months in court or even sanctions where there wasn’t compliance. Our experienced Orange County family law attorneys can help you in the filing process, represent you in court, and spare you the pain of endless trips to the courts. We have the experience and skill to handle motions and Requests for Orders in Santa Ana and Newport Beach.
Call us at (714) 542-6200 for a free in-depth consultation with us.