FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

Jurisdiction: Country: United States | Province or State: California

The FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support is a court form used in California family law cases. It is designed to request a change to an existing support order using a simplified process. This form tells the court and the other party that you are asking to modify support.

You use this document when you already have a court order for child support, spousal support, or family support, and you believe the amount needs to change. It is not for starting a new support case. It is for changing an order that is already in place.

This form matters because support orders are legally enforceable. If your income, job, or financial situation has changed, the current order may no longer reflect reality. Filing the correct motion is how you formally ask the court to review and possibly adjust that order.

If you are representing yourself, understanding how this form works can help you avoid delays. Courts often reject incomplete or inaccurate filings. Knowing what the form does and how it fits into the process makes your submission smoother and more predictable.

What is FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support?

Clear definition

FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support is a formal request to the court to modify an existing support order under a streamlined procedure. It acts as both a notice to the other party and a motion asking the court for relief.

A “notice of motion” informs the other party of the date, time, and location of the hearing. A “motion” explains what change you are requesting and why. In this form, those two functions are combined.

The simplified modification process is generally used when certain eligibility conditions are met. It is often designed to make routine support changes more efficient. The court still reviews the request and may require supporting financial information.

Who typically uses this form?

This form is typically used by a parent or former spouse who is subject to a current support order. Either the person paying support or the person receiving support may file it.

In many cases, self-represented individuals use this form. It is structured to guide you through the request without drafting a separate legal brief. However, you are still responsible for providing accurate financial information.

Sometimes, a local child support agency may also be involved in the case. Even then, an individual party may file a motion to modify if the circumstances allow it.

Why might you need this form?

You may need this form if your income has changed significantly since the last order. For example, you may have lost a job, had hours reduced, or started earning more.

You might also need it if the other party’s financial situation has changed. Support orders are often based on both parties’ income and certain expenses.

Another reason could be a change in parenting time. If custody or visitation schedules shift in a meaningful way, the support calculation may also change.

This form provides a structured way to bring those changes to the court’s attention. Without filing a proper motion, the existing order usually remains in effect, even if your circumstances are different.

Typical real-life scenarios

• You were laid off from your job and now receive unemployment benefits. The current support amount was based on your prior full-time income. You use this form to ask the court to recalculate support based on your new earnings.
• You recently received a promotion, and your income increased. The other parent may file this form to request a higher child support amount that reflects the updated financial picture.
• You and the other parent agreed informally to adjust support after your child began spending more time with you. However, the court order was never updated. Filing this form allows you to request a formal modification so that the written order matches the actual arrangement.
• Your spousal support order was set several years ago. Since then, one party has become self-supporting or remarried. A motion for simplified modification may be used to ask the court to review whether the existing amount remains appropriate.

When would you use FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support?

You would use FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support after a support order has already been entered in your case. The form is not used at the beginning of a divorce, legal separation, or parentage case. It is used later, when you want to change an existing order.

This filing is commonly used when there has been a material change in circumstances. Courts generally expect some significant difference since the last order. Examples may include job loss, disability, retirement, a substantial raise, or changes in child custody arrangements.

The form may also be used when enough time has passed that updated financial information justifies a review. In some situations, a simplified procedure may be available if certain criteria are met, such as when the requested change fits within standard guideline calculations.

You might use this form whether you are the paying party or the receiving party. The person asking for the change is called the moving party. The other person is the responding party. Both have the opportunity to present updated financial information to the court.

Timing also matters. Support orders usually remain enforceable until they are changed by a new court order. Filing this form is the step that begins the process of seeking that change. The effective date of any modification may depend on when the motion was filed and served.

Legal characteristics of FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

This form is a procedural tool. It does not automatically change your support obligation. It starts a court process that may result in a new order.

For the filing to be effective, it must be properly completed, filed with the correct court, and served on the other party according to required timelines. Missing financial disclosures, incorrect case numbers, or unsigned sections can delay or invalidate the submission.

The court typically requires updated income and expense information alongside this motion. If you fail to provide the required supporting documents, the judge may continue the hearing or deny the request without prejudice. Accuracy is critical. Courts rely on the information you provide to calculate support under established guidelines.

Different counties may have local rules that affect scheduling or additional forms. While the core process is statewide, hearing procedures and administrative requirements can vary. Checking that your filing aligns with local procedures reduces the risk of rejection.

It is also important to understand what this form does not do. It does not change custody orders. It does not terminate parental rights. It does not automatically suspend wage garnishment. It addresses modification of an existing support order only, and only after judicial review.

Is it legally binding?

The form itself is not legally binding in the sense of creating a new obligation. It is a request. The existing support order remains binding until the court signs and enters a new order.

Once the court grants a modification and issues a new order, that new order becomes legally binding. At that point, both parties are required to comply with the updated terms.

If the motion is denied, the prior order continues in effect. Filing the motion does not pause enforcement. Any unpaid support that accrues before a modification is granted may still be enforceable, depending on the court’s ruling and the timing of the filing.

How to fill out FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

Step 1 – Identify the court and case information

At the top of the form, fill in the name and address of the court where your case is filed. Enter the existing case number exactly as it appears on prior court documents. List the names of the parties in the same order used in the original case. Consistency is important because the clerk matches this motion to your existing file.

Step 2 – Provide your contact information

Enter your name, mailing address, and contact details in the section for the moving party. If you are self-represented, indicate that you are acting without an attorney. Make sure the information is current so the court can send you notices about the hearing.

Step 3 – State the type of support you want to modify

Indicate whether you are asking to modify child support, spousal support, or family support. Be clear about which existing order you are referring to. If the prior order was made on a specific date, include that date to avoid confusion.

Step 4 – Specify the requested change

State what new amount you are asking the court to order, if known. In some cases, you may request that support be recalculated according to current income and guideline rules. Provide enough detail so the court understands the nature of your request.

Step 5 – Explain the change in circumstances

Briefly describe what has changed since the last order. Focus on objective facts, such as income differences, employment status, or custody changes. Keep your explanation clear and direct. Supporting financial forms are usually filed alongside this motion to document these changes.

Step 6 – Review hearing details

The form includes space for the hearing date, time, and department. In many courts, the clerk assigns this information when you file the motion. Confirm that the hearing information is complete before serving the other party.

Step 7 – Sign and date the form

Sign and date the document where indicated. Your signature confirms that the information provided is true to the best of your knowledge. Unsigned forms are commonly rejected.

Step 8 – File and arrange for service

Submit the completed form to the court clerk for filing. After filing, ensure that a copy is properly served on the other party within the required time frame. Service rules usually require someone over 18 who is not a party to the case to complete delivery and fill out a proof of service.

Step 9 – Prepare for the hearing

After filing and service are complete, gather your financial documents and any required attachments. Be ready to explain your requested modification and answer questions about your income and expenses at the hearing. The judge will review the information before deciding whether to issue a new support order.

Legal terms you might encounter in FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

1. Notice of Motion: This is the formal notice that tells the other party you are asking the court to change a support order. It includes the hearing date, time, and location. On this form, it alerts the court and the other party that you want a judge to review and possibly change the existing order.
2. Simplified Modification: This refers to a streamlined process to request a change to an existing support order. It is generally used when the request meets certain eligibility requirements. The form is designed to make the process more direct, but you still must provide complete and accurate financial information.
3. Existing Support Order: This is the current court order that sets the amount of child, spousal, or family support. You must identify the date and terms of that order on the form. The judge will compare your requested change against this existing order.
4. Change in Circumstances: This means a significant shift in income, expenses, employment, custody time, or other relevant factors since the last order. The court requires you to explain this change clearly. Without a documented change, the judge may deny your request.
5. Income and Expense Declaration: This is a separate financial form that details your earnings, expenses, assets, and debts. It often must be filed with your motion. The numbers you provide support your request for modification.
6. Service of Process: This is the formal delivery of court documents to the other party. After filing, someone who is not you must serve the papers. Proof of service must be filed to show the court that proper notice was given.
7. Hearing Date: This is the scheduled court appearance when a judge reviews your request. The date is either assigned by the court clerk or listed on your filed paperwork. You must attend unless the court allows a remote appearance.
8. Effective Date: This refers to the date when any modified support amount will begin. It may not be the same as the hearing date. The court order will state the effective date, and it can impact back payments or credits.
9. Arrears: These are unpaid support amounts that have accumulated under the existing order. The court may address arrears separately from your request to change future payments. Modifying support does not automatically erase past due amounts.

FAQs

Do I need to attach financial documents when filing FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support?

Yes. You generally need to attach a current Income and Expense Declaration and may need to include recent pay stubs, tax returns, or other proof of income. The court relies on these numbers to evaluate your request. If you leave out required attachments, the clerk may reject your filing, or the judge may continue your hearing until you provide complete information.

How do I know what date to list as the existing order?

Look at your most recent signed court order that sets support. Use the date shown near the judge’s signature or file stamp. Make sure the case number and party names match exactly what appears in your court record.

Can I ask to change both child support and spousal support in the same request?

If both types of support were ordered in the same case, you can usually request modification of each in the same document. You must clearly mark which type of support you want to change and explain the reasons for each. Be specific about the amount you are requesting for each category.

When would the new support amount start?

The effective date is not automatic. The judge decides it and writes it into the new order. In many situations, the change can be effective as of the date you filed your request, but you must confirm this in the signed order.

What happens if the other party does not respond?

The hearing can still go forward. The judge may review your paperwork and make a decision based on the information provided. You must still prove that proper service was completed and that your financial information supports the requested change.

Do I need to sign this document in front of a notary?

Most support modification motions do not require notarization. You sign under penalty of perjury, which means you are declaring that the information is true and correct. Make sure your signature and date are clearly written before filing.

What if my income changes again after I file this form?

Bring updated proof of income to the hearing. If the change is significant, you may need to file updated financial forms before the court date. The judge will usually base the decision on the most current information available at the time of the hearing.

Will this document automatically change wage withholding with my employer?

No. A new income withholding order is usually required to adjust payroll deductions. After the judge signs a new order, you must make sure the updated withholding documents are prepared and properly served on the employer.

Checklist: Before, During, and After FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

Before

• Review your current support order and confirm the exact terms.
• Gather recent pay stubs, tax returns, and proof of other income.
• Complete a current Income and Expense Declaration.
• Double-check the case number and party names for accuracy.
• Make copies of all completed forms and attachments.
• Confirm filing fees or fee waiver status.
• Verify the correct courthouse location for your case.

During

• File the original documents with the court clerk.
• Obtain a stamped copy with the hearing date.
• Arrange for someone over 18 who is not involved to serve the other party.
• Ensure service is completed within required timeframes.
• File the proof of service with the court.
• Organize your financial documents in a folder for the hearing.
• Prepare a short outline of the change in circumstances.

After

• Attend the hearing on time or log in early if remote.
• Take notes on the judge’s instructions and rulings.
• Obtain a filed copy of the signed order.
• Review the order for the correct effective date and amount.
• Provide updated withholding documents to the appropriate agency or employer if required.
• Keep copies of all paperwork in a safe place.
• Monitor payments to confirm the new amount is applied correctly.

Common mistakes to avoid with FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

• Mistake: Listing the wrong case number because you copied it from memory, which can lead to filing delays or rejection; always check the most recent court document, and do not forget to match every digit exactly.
• Mistake: Failing to attach updated financial forms because you assume the court already has them, which can result in a denied or postponed hearing; do not forget that current income details are essential.
• Mistake: Not properly serving the other party because you believe mailing it yourself is enough, which can invalidate the hearing; do not forget that service must be completed by someone who is not you, and proof must be filed.
• Mistake: Requesting a new amount without explaining the change in circumstances, which weakens your position; do not forget to clearly describe what changed and when.
• Mistake: Ignoring arrears and assuming they will disappear with a new order, which can create confusion about balances owed; do not forget that past due support is usually addressed separately.
• Mistake: Missing the hearing date because you misread the notice, which can result in dismissal of your request; do not forget to calendar the date and confirm the time and department.
• Mistake: Providing estimates instead of actual income figures because gathering documents feels overwhelming, which can damage credibility; do not forget to use real, verifiable numbers.
• Mistake: Forgetting to review the signed order before leaving court, which may allow clerical errors to go unnoticed; do not forget to check the support amount and effective date carefully.

What to do after filling out FL-390 – Notice of Motion and Motion for Simplified Modification of Order for Child, Spousal, or Family Support

Once you complete the form, slow down and review every page. Check names, dates, and amounts. Make sure your attachments are in order and labeled clearly.

• Step 1: Make at least two copies of everything, including attachments. One copy is for you, one for the other party, and the original is for the court.
• Step 2: File the original documents with the court clerk in the same courthouse that issued your current support order.
• Step 3: Pay the required filing fee or submit a fee waiver request if you qualify.
• Step 4: Get a filed-stamped copy that shows the hearing date, time, and department.
• Step 5: Arrange for proper service. Choose an adult who is not involved in the case to serve the filed documents on the other party.
• Step 6: Have the server complete a proof of service form and file it with the court promptly.
• Step 7: Prepare for the hearing by organizing your financial documents and writing a brief summary of your requested change.
• Step 8: Attend the hearing and present your information clearly and calmly.
• Step 9: After the judge makes a decision, obtain a copy of the signed order before you leave or as soon as it is processed.
• Step 10: Review the order carefully. Confirm the new support amount, the effective date, and any instructions about wage withholding.
• Step 11: Update your personal records. Keep copies of the motion, proof of service, and signed order together in one secure place.
• Step 12: Monitor payments over the next few months to ensure the new amount is correctly applied and address any discrepancies quickly.

Taking these steps helps you move from a completed form to an enforceable court order. Staying organized protects you if questions arise later about amounts, dates, or compliance.