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FORM FL-230 INSTRUCTIONS

DECLARATION FOR DEFAULT OR
UNCONTESTED JUDGMENT (FL-230)


NOTE:
You will need a copy of the English-language Judicial Council form FL-230 to follow these instructions. Also:



Filling out the Caption on your form

Attorney or Party without Attorney” - if you do not have an attorney, fill in your name, address, and telephone number.

If you would like the court to communicate with you by fax or email, you may give them that contact information, but you do not have to.

Attorney For (Name)” – if you do not have an attorney, write “self represented.”

SUPERIOR COURT OF CALIFORNIA, COUNTY OF” – write the name of the County where you are filing your case. Click here for location of courts.
Petitioner” – The person that filled out the first form to start the case. Write that person’s name here.

"Respondent” – The other parent is called the Respondent. Write that person’s name here.
This is the TITLE of the form. Leave as is.
For Court Use Only” – Leave blank.
Case Number” – Write in the case number.



Filling out the rest of your form

Declaration for Default or Uncontested Judgment

(Note: If you are using this form, you should also complete the form called Judgment (Form FL-250). File both forms at the court at the same time.)


1. & 2.

These two statements mean that everything you say on this form is the truth, and that you are using this form instead of appearing in court to testify.


3.

Check the box in front of the name of the form that you filed at the court in this case. (Are you the Petitioner or the Respondent? Is this a case to establish parental relationship or a case to establish custody and support?) Check only one box:

Petition or Complaint to Establish Parental Relationship (FL-200)
Response or Answer to Petition to Establish Parental Relationship (FL-220)
Petition to Establish Custody and Support (FL-260)
Response to Petition to Establish Custody and Support (FL-270)


4.

If the persons listed as Respondent and Petitioner are both the parents of the children that this case is about, check both boxes. If only one is the parent, check the box that describes that person. (Usually both Respondent and Petitioner will be the parents.)


5.    A Voluntary Declaration of Paternity form

If you and the other parent completed a form called Voluntary Declaration of Paternity, check the box in front of “has” and attach a copy of that form. (That form is used to establish who the legal parents of the child are when the parents are not married to each other when the child is born.)

If you have not signed a Voluntary Declaration of Paternity form, check the box in front of “has not.”


6.    Default or Uncontested (Check a or b):

  1. Check this box if you are the Petitioner and the Respondent has been served, but has not filed a Response in this case, and you are not asking the court for anything different from what you asked for in your Petition. You must have filed, or are filing at the same time as this form, a form called Request to Enter Default (Form FL-165). (Note: If you want to request something different from what you asked for in your Petition, you may need to file an “Amended” Petition.)
  2. Check this box if you and the other parent have entered into a written agreement regarding the issues listed on the Petition. Attach a copy of the agreement, or “stipulation”, to this form. You must also complete and file a form called Advisement and Waiver of Rights Re: Establishment of Parental Relationship (Form FL-235), and also a form called Stipulation for Entry of Judgment Re: Establishment of Parental Relationship (Form FL-240).


7.    Child Support should be ordered

Check this box if you are requesting that the court make orders for child support, and you included the amount you think should be paid in your Judgment (Form FL-250).

  1. If either you or the other parent is currently receiving public assistance (called “TANF”), the child support payments must be directed to the Department of Child Support Services. Check the box (“Petitioner” or “Respondent”) that describes the parent that is currently receiving the TANF payment. All child support payments must now be sent through the Department of Child Support Services’ State Disbursement Unit. Write the following address here: “California State Disbursement Unit, P.O. Box 980218, West Sacramento, CA 95798.”
  2. Also, if you do not have a current financial statement already on file with the court, you must complete the Income and Expense Declaration (Form FL-150), or the Financial Statement (Simplified) (Form FL-155), so that the court has information about your income. Anyone may fill out the Income and Expense Declaration (Form FL-150), however you may only fill out the Financial Statement (Simplified) if you meet certain conditions. Read the “Instructions” section on the back of the form to see if you qualify. If not, you must fill out the Income and Expense Declaration (Form FL-150).


8.    Attorney Fees

Check this box if you are requesting that the court make orders for attorney fees and you included the amount you want in your Judgment (Form FL-250).


9.    Child Custody

Check this box if you are requesting that the court make orders for child custody and you said exactly what you want the court to order in your Judgment (Form FL-250).


10.   Child Visitation

Check this box if you are requesting that the court make orders for child visitation and you said exactly what you want the court to order in your Judgment (Form FL-250).


11.   Reasonable Expenses of Pregnancy and Birth

Check this box if you are requesting that the court make orders for how the parents are to pay for the reasonable expenses related to the pregnancy and birth of a child and you said exactly what you want the court to order in your Judgment (Form FL-250).


12.   Names of the Children Should be Changed

Check this box if you are requesting that the court order that the names of the children should be changed and you said exactly what the new names should be in your Judgment (Form FL-250).


13.

This section says that you understand and agree that a commissioner, or “temporary judge”, may look at and decide if your request to have the things you asked for be granted based upon this declaration alone. You also understand that the commissioner may decide to ask you come to court to explain to him or her the things you are requesting.


14.

This section states that you have read and understand the form called the Advisement and Waiver of Rights Re: Establishment of Parental Relationship (Form FL-235). You must read, sign, and attach the Advisement and Waiver of Rights Re: Establishment of Parental Relationship to this form.


15.    Other (specify):

Check this box if you are requesting something other than what is listed above. Write what you are requesting here. Remember, if you checked box “6(a)” above, you cannot request anything more than you asked for in your Petition.

Print your name on the line on the left side of the page, and sign your name on the line on the right side of the page. Remember that when you sign this form, you are promising under “penalty of perjury" that what you write on this form and on the attached pages is true and correct.