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FL-342 Guidance: Child Support Order (California)

The FL-342 Child Support Order form is used when a court needs to establish or modify a child support order as part of a legal proceeding, ensuring that all required financial details and agreements are documented for the welfare of the child involved. Jump to guide on filling it out.

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Tips for filling out form FL-342

When completing form FL-342, pay special attention to these less obvious sections:

Item 2b

Earning Capacity

Consider whether each parent's actual income accurately reflects their ability to earn. For instance, if someone is voluntarily unemployed or underemployed, it may be prudent to use an imputed income based on past earnings or job market conditions. Ensuring income reflects earning capacity can significantly affect support calculations.
Item 4

Hardship Deductions

When listing hardships, remember they can lower the child support obligation. Include any extraordinary costs such as medical expenses or catastrophic losses, as they can offset the calculated support. Check if the hardships have specific end dates, as deductions are typically temporary.
Item 5b

Low-Income Adjustment Rebuttal

Pay special attention if you are contesting the low-income adjustment. Provide concrete reasons why the standard lower adjustment isn't appropriate, such as additional unreported income or significant assets that should be assessed.
Item 7a

Health Insurance Clause

The parent required to maintain health insurance should be aware that coverage might need to continue beyond the child's dependency age if the child cannot support themselves due to a disability. Verify with the insurance provider the conditions for extending coverage.
Item 9

Private Collector Fee

If using a third-party child support collector, verify the agreement terms carefully. The fee for their services can be significant, capped at a third of the past due support. Ensure the contract doesn't demand more than legally permissible and understand its joint obligation with the recipient.

What to do after filing form FL-342

1
Serve the Child Support Order (form FL-342) along with any other related documents filed with it to the other parent/party involved in the case to ensure they are officially informed about the child support terms.
2
File a Proof of Service (form FL-330) with the court to confirm that the Child Support Order and accompanying documents have been properly served on the other parent/party.
3
If not already in place, establish an earnings assignment order to facilitate automatic deductions for the child support payments directly from the obligated parent’s wages.
4
Monitor the response from the other parent/party; if there are any objections or requests for modification, negotiate or prepare for further court proceedings.
5
Keep track of payment receipts, additional expenses covered by the child support order, and any updates to financial circumstances in case of future modifications or compliance issues.
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