FL-350 – Stipulation to Establish or Modify Child Support and Order

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

What is a FL-350 – Stipulation to Establish or Modify Child Support and Order?

This form records a child support agreement between legal parents or parties. You use it to ask the court to turn your agreement into a binding order. It is a Judicial Council form used in the Superior Court of California. A judge signs it after reviewing your terms. Once signed, it becomes an enforceable child support order.

You and the other parent can use this form in an existing family case. You can also use it when you are starting child support for the first time. It works in divorce, legal separation, parentage, or domestic partnership cases. It also works when the Local Child Support Agency (LCSA) is involved. The LCSA is sometimes called the Department of Child Support Services. If the LCSA is part of your case, it must approve and sign the stipulation.

The form covers base child support. It also covers add-on costs like child care and uninsured health expenses. It can address health insurance for the child. It can include arrears and payments toward arrears. It can list start dates and how you will pay. It can note whether your agreement follows the state guideline or deviates from it.

Who typically uses this form?

Parents who agree on support and want a court order. Self-represented parents who want to avoid a hearing. Attorneys for parents who have reached terms. The LCSA, when parents agree in an enforcement case. Guardians can use it in some cases with court approval. The form is designed to be simple. You still need accurate income and timeshare details.

Why would you need this form?

You want clarity, enforceability, and a clean record. You want wage withholding to start without delay. You want to lock in a start date and terms you both accept. You want to avoid going to court for a contested hearing. You want to change an existing order after a change in income or timeshare.

Typical usage scenarios

You and the other parent reach an agreement after exchanging pay stubs. You agree to guideline support and 50/50 uninsured health costs. You want the court to issue the order without a hearing. You lost a job, and your support needs to be lowered. You agree on a new amount and a start date next month. You both agree to handle child care costs at a fixed percentage. You need to add wage withholding to stop missed payments. You are opening a case with the LCSA. The LCSA helps you calculate support. All parties sign FL-350 so the court can issue the order. You need to resolve arrears and set a monthly payment plan. You put those terms in the stipulation. You also handle medical support and health insurance coverage.

This form is not for custody or visitation details. Use custody forms for those issues. FL-350 focuses on child support only. You can attach support-specific orders if needed. You can attach a guideline calculator printout. You can attach the standard child support attachment.

When Would You Use a FL-350 – Stipulation to Establish or Modify Child Support and Order?

You use this form when you and the other parent agree on the child support terms. You may be starting support for the first time. You may be changing an existing order. You may be adding details on add-on costs, health insurance, and arrears. If the LCSA is involved, you use the form to settle the case by agreement. The LCSA will review your terms. It will ensure legal compliance before signing.

You use it after a material change in circumstances. This includes a job loss, a promotion, or a change in parenting time. It also includes new child care or health care costs. You can also use it if your previous order left out required terms. For example, it did not address health insurance or add-ons. You can fix that by stipulation.

You also use it to set start dates and avoid delays. A stipulation can take effect quickly after filing. You avoid waiting months for a hearing. You can lock in the start date you both choose. You can also settle arrears. You can agree on the amount owed and a monthly payment toward it. This helps with wage withholding. It reduces disputes about balances.

Typical users are parents in all family law case types. Married or unmarried parents both use it. Self-represented parents use it often. Attorneys use it to memorialize a deal. The LCSA uses it when resolving cases by agreement. It is useful when you want certainty and quick enforcement. It works well when communication is civil, and both of you want a clear order.

Legal Characteristics of the FL-350 – Stipulation to Establish or Modify Child Support and Order

A filed and signed FL-350 becomes a court order when the judge signs it. It is legally binding at that point. The order has the same force as an order issued after a hearing. You must follow it. If you do not, the other party can enforce it. The LCSA can also enforce it if involved. Enforcement tools include wage withholding and bank levies. Interest accrues on unpaid support at 10% per year. You cannot unilaterally change the amount after it is ordered.

What ensures enforceability?

First, it is a court order signed by a judge. Second, it includes clear terms on amounts, dates, and payees. Third, it often includes immediate income withholding. The court can issue a wage assignment to the employer. Fourth, the order requires payment through the State Disbursement Unit when applicable. This creates an official payment record. Fifth, required attachments are incorporated by reference. These attachments include rights and responsibilities for medical costs. They also include the guideline calculation.

The form addresses guideline and non-guideline support. If you agree to guideline support, the court will adopt it if the numbers are sound. If you agree to a non-guideline amount, you must include the required findings. You both must confirm you know your rights. You confirm you were not pressured. You confirm the agreement is in the child’s best interest. The court must approve those findings. If the LCSA is involved, it must sign off, too.

General legal considerations apply. Support belongs to the child. The court focuses on the child’s needs and the guidelines. If either parent receives cash aid, the LCSA must be involved. You cannot forgive support owed to the State. You can forgive support owed to you, within limits. Support usually ends when the child turns 18 and is not in high school. If the child is still in high school full-time, support ends at 19 or graduation, whichever happens first. Support also ends if the child emancipates, marries, or dies.

The court needs complete financial information. You should prepare an updated financial declaration. You should include recent pay stubs and proof of deductions. The stipulation should match the guideline printout if you claim it is a guideline. If you deviate, include the required advisements. If you request a stay of wage assignment service, state it clearly. The court can allow a stay while current support is paid on time.

The order’s start date matters. It sets the accrual of support and interest. You can set a retroactive date if the law allows and both agree. You can also set a forward date to allow payroll setup. Be precise. Vague start dates cause disputes and collection problems.

How to Fill Out a FL-350 – Stipulation to Establish or Modify Child Support and Order

Follow these steps to complete and process the form.

1) Gather your information.

• Get each parent’s legal name, address, and contact details. If the LCSA is involved, have the case number ready.
• List each child’s full name and date of birth.
• Collect recent pay stubs, benefit statements, and any self-employment records.
• Confirm current parenting time (timeshare) for each child.
• Gather proof of child care and uninsured health costs.
• Run a child support guideline calculation based on incomes, tax filing status, and timeshare. Print the calculation.

2) Complete the case caption.

• Enter the county and branch of the Superior Court of California.
• Fill in the street and mailing addresses if requested.
• Enter the names of Petitioner and Respondent exactly as they appear in your case.
• Enter the case number. If the LCSA opened the case, include the LCSA case number where asked.

3) Identify what you want the court to do.

• Check whether you are establishing child support for the first time.
• Or check that you are modifying an existing order.
• State whether the stipulation is in a parentage, divorce, or support-only case.
• If the LCSA is involved, indicate its involvement where the form asks.

4) List the children covered by the order.

• Enter each child’s name and date of birth.
• Confirm the number of children used in the guideline calculation matches this list.

5) State the base child support amount.

• Enter the total monthly base child support. This is usually per the guideline calculation.
• If it is a per-child amount, break it down only if the form asks.
• Note which parent will pay support and to whom it will be paid.

6) Address guideline or non-guideline status.

• If the amount is a guideline, check the guideline box.
• Attach the printed guideline calculation. Label it as an attachment and reference it on the form.
• If the amount is non-guideline, check the non-guideline box. Complete the advertisements:
• Both parties understand their rights to guideline support.
• The agreement is voluntary, without coercion.
• The agreement is in the child’s best interest.
• The child’s needs will be met.
• The right to support has not been assigned to the State, or the LCSA agrees.
• If the LCSA is involved, it must sign a non-guideline stipulation.

7) Add mandatory and discretionary add-ons.

• Child care costs related to employment or education are mandatory add-ons. State who pays what percentage. Many orders are split 50/50, but you can choose another split.
• Uninsured health care costs are add-ons. State each parent’s percentage. Many orders are split 50/50.
• Include other add-ons if applicable. These can include educational expenses or travel for visitation. State clear percentages or fixed amounts.

8) Order health insurance coverage.

• State which parent must maintain health insurance for the child if available at a reasonable cost.
• If both have access to coverage, the order can require both to maintain it.
• Note that the custodial parent must use the coverage as ordered.

9) Set start dates and payment schedule.

• Choose a clear start date for ongoing support. Many orders start on the first day of the next month.
• If you are addressing past support or arrears, specify the covered period and the total arrears amount.
• Set a monthly payment toward arrears in addition to current support.
• If you are changing support, state when the modification starts. If it replaces a prior order, say so clearly.

10) Choose payment and collection terms.

• Immediate income withholding is standard. Check the box for earnings assignment. Plan to submit an income withholding order for the judge to sign.
• If both parties agree and the court allows it, you can request a stay of service. This delays sending the wage order to the employer while payments stay current.
• State where payments will be made. If the LCSA is involved, payments go through the State Disbursement Unit. List the payee as required.
• Include any payment identifiers the form requests. Accuracy avoids misapplied payments.

11) Incorporate required attachments.

• Attach the child support order attachment that lists detailed terms. This attachment includes standard findings and disclosures.
• Attach the guideline calculator printout.
• Attach the notice of rights and responsibilities for medical costs. This explains how to share and claim reimbursement. Reference it in the stipulation.
• Complete and file the Child Support Case Registry form. This is required with every support order. It keeps your contact and employer information current for enforcement.

12) Include standard termination terms.

• State when support ends for each child. Use the standard rule: age 18 while not in high school, or age 19 or graduation, whichever happens first.
• Note that support may end earlier if the child emancipates, marries, or dies.
• If there are multiple children, the order should address how support changes as each child emancipates. Some orders prorate unless stated otherwise. Be clear if your order uses a different method.

13) Add tax and dependency terms only if appropriate.

• Child support is not deductible to the payer. It is not taxable to the recipient.
• The dependency exemption is a tax matter and separate from support. If you and the other parent agree on dependency, place that in a separate stipulation if needed. Do not confuse it with support terms. If you include it here, use a separate attachment and keep it clear.

14) Review arrears carefully.

• If you set arrears, state the exact total and the calculation period. Attach a schedule if needed. List month-by-month amounts for clarity.
• State the monthly arrears payment. Specify whether interest is included or will continue to accrue. Interest usually accrues by law at 10% per year.
• If any arrears are owed to the State, say so. You cannot waive state-owned arrears in a private agreement.
• If one parent forgives arrears owed to them, say it clearly. Use dates and amounts to avoid disputes.

15) Confirm all warnings and advisements on the form.

• The form includes warnings about enforcement, penalties, and address changes. Read and initial where required.
• If either party’s address is confidential, follow the court’s confidentiality procedures.

16) Signatures.

• Both parents must sign the stipulation. Each signature is under penalty of perjury. Only sign after a careful review.
• If the LCSA is involved, the agency must also sign. The court will not accept the stipulation without LCSA approval when the agency is a party.
• If attorneys represent either party, they may sign as “approved as to form and content.” Check your local practice.

17) Make copies and file.

• Make at least two copies of all documents and attachments. Keep one copy for yourself. Provide one copy to the other parent or their attorney.
• File the original with the court clerk. Ask for conformed copies. Some courts require a drop-off for judicial review. Ask the clerk about the process.
• If required, submit the wage withholding order with the stipulation for the judge’s signature.

18) Serve the conformed order and process wage withholding.

• After the judge signs, serve a copy on the other parent or counsel if needed.
• If there is a wage withholding order, serve it on the employer unless service is stayed. Use the proper service method. The LCSA often handles this if it is involved.
• If payments go through the State Disbursement Unit, include the case number and order details so payments are credited correctly.

19) Update contact and employment information.

• Complete the Child Support Case Registry form if you have not filed it yet. Update it when your address or employer changes.
• Notify the LCSA of changes within the required time if the agency is involved.

20) Keep records and monitor compliance.

• Track payments and add-on reimbursements. Keep receipts for child care and medical costs. Exchange proof as the order requires.
• If problems arise, use the order’s terms to resolve them. If circumstances change, consider a new stipulation or file a request to modify.

Practical examples help you apply these steps. Suppose you both earn similar incomes and share equal time. Your guideline calculation shows a low or zero support figure. You opt for a small support amount and split child care and medical costs 50/50. You check the guidelines, attach the calculation, and order health insurance through the parent with coverage. You request a stay of wage assignment while payments are current. The judge signs the order. Payments start next month.

Now consider a change in income. The payer’s income falls by 30%. Timeshare stays the same. You rerun the guideline calculation and reach a new number. You agree on a start date two weeks out to allow payroll setup. You include a $50 monthly payment toward existing arrears. You check the guidelines and attach the printout. You file the stipulation and the income withholding order. The court signs both.

Finally, consider a non-guideline agreement. The payer gets employer-paid housing that skews the guideline. You agree to a slightly lower support amount. You check the non-guideline. You initial the advisements. You state the agreement is in the child’s best interest and that needs are met. The LCSA, if involved, signs. The court reviews and approves.

A precise, complete FL-350 saves time and conflict. It gives you a clear path to enforcement. It sets expectations on payments and shared costs. It ensures everyone knows what to do and when to do it.

Legal Terms You Might Encounter

• A stipulation is a written agreement between you and the other parent. On this form, you jointly ask the court to make your agreement an enforceable order. You both sign it, and a judge signs to adopt it.
• An order is the court’s final directive. When a judge signs and the clerk files this form, the terms become a binding child support order. You must follow it until it’s changed by a new order.
• Guideline child support refers to the standard formula used to calculate support. If you agree to the guideline result, you’ll state that in the form and attach a calculation showing how you reached the amount.
• Non-guideline support means you agree to a different amount than the guideline formula. If you choose this, the form requires extra confirmations. You acknowledge the guideline amount, explain why the agreed amount is different, and confirm that the agreement is voluntary.
• Net disposable income is the income figure used in child support calculations after standard deductions. If you attach a support calculation, it typically reflects each parent’s net disposable income. This guides whether the amount matches the guideline.
• Timeshare (or percentage of parenting time) is the share of time the child spends with each parent. The formula uses that percentage. You should agree on the percentage or attach a calculation that shows how you estimated it.
• Add-ons are extra child-related costs shared between parents. Common add-ons include child care related to work or school and unreimbursed health care costs. On this form, you set who pays what share, such as 50/50 or another split.
• Arrears are unpaid child support that has accumulated, plus any interest by law. This form can include how you’ll handle arrears and a repayment schedule. You can also confirm an agreed-upon amount owed.
• An income withholding order is a separate order that directs an employer to deduct support from pay. On this form, you can confirm whether income will be withheld. If so, you should submit the withholding order for processing.
• Health insurance availability describes whether a parent can get coverage for the child at a reasonable cost. This form asks you to address health insurance. You confirm who will maintain coverage and how you’ll share unreimbursed costs.

FAQs

Do you need to go to court if you both agree?

Usually, no. If you both sign this form and submit it properly, a judge can review and sign it without a hearing. A hearing may occur if the court needs clarification or if a required agency has not signed or been notified.

Do you need to attach a support calculation?

Yes, if you are confirming a guideline amount. Attach a current child support calculation that shows income, timeshare, and any adjustments. If you agree to a non-guideline amount, you should still show the guideline figure and explain your reasons.

Do you need to file income and expense documents?

You typically should have current income information on file when you establish or modify support. If the court requests it, provide current financial disclosures and supporting proof of income. This helps the court confirm that the stipulation is informed and voluntary.

Do you need notarization for this form?

No. Your signatures and the judge’s signature make the order enforceable. The court clerk’s file stamp confirms it is an official order. Notarization is not required for this court form.

Do you need the local child support agency to sign?

If a local child support agency is involved in your case, it usually needs to review or sign the stipulation. If the agency does not sign, it must receive proper notice. The court may not approve the stipulation without that involvement.

Can you agree to less than guideline support?

Yes, but you must make the required non-guideline findings on the form. You acknowledge the guideline amount, confirm you know your rights, and explain why the agreed amount is appropriate. The judge must still approve it.

Can you include add-ons like child care and medical costs?

Yes. You can split child care costs related to work or education and unreimbursed health care. State each add-on and the sharing percentage. Also include how you’ll reimburse each other and within what timeframe.

When does the new order take effect?

The order takes effect when the judge signs and the clerk files it, unless you agree to a different start date in the form. You can set a retroactive or future start date if the court permits. Be clear in the “effective date” section.

Checklist: Before, During, and After the FL-350 – Stipulation to Establish or Modify Child Support and Order

Before signing

• Confirm the correct case number and court location.
• Gather the child’s full legal name and date of birth.
• List each parent’s current mailing address and contact information.
• Know each parent’s current income sources and pay frequency.
• Get recent pay statements, benefits details, or proof of self-employment income.
• Estimate each parent’s timeshare percentage with the child.
• Identify health insurance availability and cost for the child.
• Total child care costs related to work or education.
• Estimate unreimbursed health care costs for the child.
• Confirm any extra agreed-upon add-ons, such as education or travel.
• Determine if arrears exist; reconcile the amount and interest if applicable.
• Decide on an effective date for the new order.
• Decide whether income will be paid directly or via income withholding.
• If a local child support agency is involved, contact it to review the draft.
• Prepare a guideline support calculation, even if you agree to a different amount.
• Review any existing orders to avoid conflicts.

During signing

• Verify names, addresses, case number, and court are correct.
• Confirm you checked the right box: establish new support or modify an existing order.
• Review the child’s information for accuracy.
• Confirm the basic child support amount and frequency (monthly).
• State each add-on clearly, with sharing percentages.
• Include who maintains health insurance for the child.
• Add a reimbursement timeline for unreimbursed medical expenses.
• State whether the order is guideline or non-guideline.
• If non-guideline, include the required statements and reasons.
• Specify the effective date for the new support order.
• Address arrears: amount, interest acknowledgment, and repayment plan.
• Confirm whether an income withholding order will be submitted.
• List all attachments: support calculation, add-on schedules, or extra pages.
• Ensure both parents sign and date all signature lines.
• If the local child support agency is involved, get the agency’s signature where required.
• Leave the judge’s signature line blank for the court to complete.

After signing

• Make at least two copies of the signed stipulation and all attachments.
• File the original with the court clerk. Keep your conformed copies.
• If a filing fee applies and you cannot pay, inquire about a fee waiver.
• If the local child support agency is involved, deliver a filed copy to the agency.
• Submit an income withholding order if you chose wage withholding.
• If paying directly, set up reliable payment tracking and receipts.
• Serve filed copies on the other parent and any involved agency, if needed.
• Calendar the effective date and any future review date you set.
• Store the conformed copies and proofs of service in a safe place.
• Monitor for your employer’s start of withholding, if applicable.
• Update your address with the court and the other parent if it changes.

Common Mistakes to Avoid

• Don’t forget the effective date. If you skip it, the order may default to the filing date. This can cause confusion, missed credits, or unexpected arrears.
• Don’t leave out the add-ons. Omitting child care or medical add-ons leads to disputes and unpaid costs. The court may refuse to approve an incomplete stipulation.
• Don’t select non-guidelines without required statements. If you choose a non-guideline amount but fail to include the acknowledgments and reasons, the court may reject the order.
• Don’t ignore the local child support agency. If the agency is involved and you do not get its review or give notice, processing stalls. The court may set a hearing or deny approval.
• Don’t skip the income withholding setup. If you plan wage withholding but never submit the necessary order, payments may not start. Arrears can build quickly.

What to Do After Filling Out the Form

1. File the stipulation and attachments with the court. Ask the clerk for conformed copies for both parents and any involved agency. Confirm that all pages are stamped.
2. If wage withholding is part of your agreement, submit the income withholding order. Provide any employer details needed to process deductions. Follow up to ensure deductions start on time.
3. Serve filed copies as needed. Deliver a copy to the local child support agency if it participates in your case. If service is required, use a method allowed by the court and keep proof.
4. Track the first payment date and amount. Whether through wage withholding or direct pay, confirm the first payment posts correctly. Keep receipts and a simple payment log.
5. Update your information. Notify the other parent, the court, and the agency (if involved) if your address, employer, or insurance changes. Prompt updates prevent missed notices and payment issues.
6. Monitor add-ons. Share receipts for child care and unreimbursed medical costs within the timeframe you agreed on. Send reimbursement requests clearly and keep copies.
7. Check for consistency with prior orders. If any old orders conflict, address them. You may need to file a stipulation that clarifies which terms control now.
8. If circumstances change, consider a modification. Major shifts in income, insurance, or timeshare can justify a new stipulation or a request to change support. Keep current income documents handy.
9. Store your documents. Keep conformed copies of the stipulation, payment records, and proofs of service. Organize attachments and calculations for quick reference.
10. Follow up with the court if you do not receive a filed order. If you submitted the stipulation and do not see a filed copy within a reasonable time, check on its status.