FL-398 - Notice of Activation of Military Service and Deployment and Request to Modify a Support Order

Summary

Notice of Activation of Military Service and Deployment and Request to Modify a Support Order

Text

Form ID: FL-398
Title: Notice of Activation of Military Service and Deployment and Request to Modify a Support Order
Effective Date: 2005-12-02
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-398
Primary Download URL: https://www.courts.ca.gov/documents/fl398.pdf
Form Detail Page:
Notice of Activation of Military Service and Deployment and Request to Modify a Support Order
(FL-398)
Tell that court and the other parent that you are a military service member, you have been activated to duty, deployed out of state, and you want to change a child support order.
Get form FL-398
Effective: December 2, 2005
PDF Text:
FL-398
TO  (name): 
A hearing on this request will be held as follows: 
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 Code, § 3651
www.courtinfo.ca.gov
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.
2. 
1. 
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400 and 17406)
A
TTORNEY FOR (Name):
CASE NUMBER:
FOR COURT USE ONLY
FAX  NO. (Optional):TELEPHONE NO.:
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
(Name, State Bar number, and address):
  
 E-MAIL ADDRESS (Optional):
NOTICE
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.            
b.  Address of court same as noted above other (specify):
a.  Date: Time: Dept: Rm.:
ORDER SHORTENING TIME
3. Time for hearing      is shortened.  Service must be on or before (date):service
Any responsive declaration must be served on or before (date):
Date:
JUDICIAL OFFICER
4.
(Family Law—Governmental) 
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.)
If you are requesting modification of spousal support or family support, you MUST use this form.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(SIGNATURE)(TYPE OR PRINT NAME)
This request is based on: 
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.)
9. 
6. 
a. petitioner’s/plaintiff’s     respondent’s/defendant’s    other parent’s military deployment
14. Number of pages attached: ______
Page 2 of  5FL-398 [New December 2, 2005]
FL-398
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
CASE NUMBER: 
NOTICE OF ACTIVATION OF MILITARY SERVICE AND DEPLOYMENT 
AND REQUEST TO MODIFY A SUPPORT ORDER
(Family Law—Governmental) 
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). 
While deployed, the service member will have other income (specify amount per month, source of income, and attach 
proof): $
Check all that apply (you must check at least one box):
a. 
b. 
d. 
5. 
a. 
This support is payable byc. 
The facts in support of this request are (specify): 11. 
Contained in an attached declaration.
c. It is unknown whether the service member’s employer will supplement the military pay.
The other party and the service member have previously agreed that spousal support cannot be modified or terminated 
(attach a copy of the agreement.) 
10. 
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.
8. 
child support spousal support   family support       order made under the case number listed 
petitioner/plaintiff     respondent/defendant    other parent.         
I am requesting the court to change the existing
earnings assignment order to state the new support amount if the request in item 5a is granted.b. 
c. 
above to an amount based on my income while deployed.
Additional required information7. 
service member’s duration of activation is (specify beginning and end dates):b.
service member’s out-of-state deployment date is (specify date and attach a copy of the order of deployment):a. 
completed attached Financial Statement (Simplified) (form FL-155) or completed Income and Expense Declaration 
(form FL-150)
b. 
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.)  
12. Send notice of the hearing to the service member at (specify address):

INFORMATION SHEET FOR COMPLETING AND RESPONDING TO NOTICE OF ACTIVATION 
OF MILITARY SERVICE AND DEPLOYMENT AND REQUEST TO MODIFY A SUPPORT ORDER
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.  
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.)
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, 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.
Insert the name of the person(s) other than you.  Include the local child support agency if they are involved in your case.
Page 3 of 5
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.
1.
2.
FL-398
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
a.
If you are the person requesting that the support order be changed:
Page 1, items 1 through 4:
(Family Law—Governmental) 
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.
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.
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.)
3.–4.
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.
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/.
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.

7. 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.
6.
Check the box that correctly describes the person who is paying the support.
b. 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. 
a. Check the box to show who is being deployed by the military.
b. 
 
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. 
b.
a.
Print the dates showing the duration of the service member’s activation, listing both the beginning date and the end date.
FL-398
9. Check all boxes that apply.  
a.
b.
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).  
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).  
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.   
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).
11. Tell the court about any other information that supports your request.  If you need additional space, you may attach pages.
14. Put the number of pages attached.
c. Check the box if it is unknown whether the service member’s employer will supplement the military pay.
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.  
8.
Page 4 of 5FL-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 2, items 5 through 12:
5. a. Check the box for the type of support order that you are asking to have changed.
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.
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. 
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.   
12. List the service member’s APO address or a local address where the service member will receive timely notice of the court 
proceedings.

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.
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.
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. 
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Page 5 of 5FL-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) 
If you need additional assistance with this form, contact an attorney or the court’s family law facilitator.
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/.
y
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.

Retrieval chunks

• #1

  Form ID: FL-398 Title: Notice of Activation of Military Service and Deployment and Request to Modify a Support Order Effective Date: 2005-12-02 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-398 Primary Download URL: https://www.courts.ca.gov/documents/fl398.pdf Form Detail Page: Noti…

• #2

  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 bec…

• #3

  While deployed, the service member will have other income (specify amount per month, source of income, and attach proof): $ Check all that apply (you must check at least one box): a. b. d. 5. a. This support is payable byc. The facts in support of this request are (specify): 11. Contained in an attached decl…

• #4

  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 req…

• #5

  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. Insert the name of the person(s) other than you. Include the local child support agency if they are involved in your case. Page 3 of 5 Front page, first box, t…

• #6

  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. If you need to have the court hear your case in less than the statutorily required time, you can ask the court for an o…

• #7

  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). d. Check the box if there will be other income…

• #8

  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…

• #9

  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 ow…

• #10

  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.