Responsive Declaration to Request for Order
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File FL-320 with Ezel
Fill FL-320 with Ezel
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What Ezel does with FL-320
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What is FL-320?
The responding party's declaration on a California family-law Request for Order (FL-300). For each item, the responding party agrees, disagrees, or counter-proposes. Cal. Rules of Court rule 5.92.
What happens if you miss the deadline: If you do not file and serve FL-320, the court can still grant the orders the other party asked for without your input. Even without FL-320 you may attend the hearing, but the judge will give weight to the requesting party's declaration if you have not put your version on the record.
How to file
- Filing fee
- No filing fee for FL-320 if the responding party has already paid a first-appearance fee in this case (typical for any party who previously filed an FL-120 Response or otherwise appeared). A first-time appearing party owes the standard family-law first-appearance fee (about $435 to $450 in 2026). FW-001 fee waiver is available.
- Filing method
- in-person, mail, efile (county-specific; most California family-law courts accept e-filing)
- Filing deadline
- FL-320 must be served on the requesting party at least 9 court days before the hearing date set on FL-300, by personal service or first-class mail (Cal. Rule of Court 5.92(d); FL-320-INFO item 11). Court days exclude weekends and court holidays. If the court ordered a shorter time on FL-300 item 4, the court's deadline controls.
- How to serve
- Service on the requesting party (or their attorney of record) by personal service (FL-330) or first-class mail (FL-335). The server must be at least 18 and not a party. Required service packet: FL-320 + any attachments + FL-150 if responding to support or fee items.
- Wet signature
- Yes, sign in pen after printing.
- Notarization
- No
- Original and copies
- One original to the clerk plus 1 copy for the responding party's records and 1 conformed copy to attach to the Proof of Service. Some counties require additional copies; check local rules.
Common pitfalls
(1) Caption + hearing date must match FL-300 exactly. The hearing date the responding party puts on FL-320 is the hearing the clerk set on FL-300; mismatches confuse the file. (2) For each item 1-8 that was checked on FL-300, the responding party must mark either 'I consent' or 'I do not consent' on FL-320. Leaving an item blank is the most common rejection reason. (3) Item 9 (Facts to Support) must be filled. Without facts, the judge weights the requesting party's account by default. Bonus check: if the responding party consents only to guideline child support but disagrees on amount, FL-150 should be attached. The form's own text says one FL-150 can answer items 3, 4, and 6.
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Caption must identify the responding party.
- Filers list a nickname or middle initial that does not match the FL-300 caption. Match the FL-300 caption character-for-character.
- Filers in a parentage case use the wrong role label. FL-320 is the responder's form regardless of which party filed FL-300.
Attorneys only.
- Pro se filers fill with their employer.
- Attorneys list only the lead partner.
Attorneys only.
- Pro se filers type their CA driver's license number.
- Out-of-state attorneys fill home-state bar number.
Caption street. DV note: filers leaving abuse should consider Safe at Home or a friend's address.
- DV-affected filers list the address they are fleeing because that is the address moving party already knows. Consider Safe at Home or a friend's address.
- Filers list a P.O. Box only and skip the street.
Caption city.
- Filers list the county.
- Filers abbreviate.
Caption state.
- Filers spell out 'California'.
- Filers use lowercase.
Caption ZIP.
- Filers paste ZIP+4 with the dash.
- Filers guess.
Caption phone.
- Filers list a phone they no longer use.
- DV-affected filers list their personal cell when moving party has been calling/harassing.
Optional in practice for self-represented filers.
- Filers leave fax blank and worry the form will be rejected. It will not.
- Filers paste their phone number here.
Optional in practice for self-represented filers.
- Filers paste an email they rarely check.
- Pro se filers worry a blank email gets the form rejected.
Identifies who the filer represents. Pro se filers write 'Self-represented' or 'In Pro Per'.
- Filers leave blank or write 'myself'. Use 'In Pro Per' (or 'Self-represented').
- Filers write the wrong role. FL-320 is filed by the responding party, regardless of whether they were originally petitioner or respondent.
Same county as on the FL-300.
- Filers list the county they live in instead of FL-300 venue.
- Filers add 'County of'.
Court street address.
- Filers list the courthouse name.
- Filers use an old courthouse address.
Optional; only when different from street.
- Filers fill when courthouse uses same address.
- Filers paste their own P.O. Box.
Court city and ZIP.
- Filers list only the city.
- Filers use the ZIP of an old courthouse location.
Branch name; required for routing in counties with multiple courthouses.
- Filers leave blank in multi-branch counties.
- Filers type informal name.
Match FL-300 caption exactly.
- Filers shorten the petitioner's name.
- Filers use a nickname.
Match FL-300 caption exactly.
- Filers use a different name spelling than FL-300.
- Filers swap petitioner/respondent.
Used in parentage cases or when a third party has been joined.
- Filers leave blank in parentage cases where there is a third party (e.g., presumed parent). Match the FL-300 caption.
- Filers fill this when no third party exists. Leave blank when only petitioner and respondent are parties.
FL-320 is filed inside the existing case, so the number is always assigned.
- Filers leave blank thinking they are starting a new case.
- Filers paste a different case number.
Hearing date on FL-300 page 1. The clerk set this when FL-300 was filed.
- Filers list a different date than what the clerk set on FL-300. Use the FL-300 clerk-set date exactly.
- Filers list the date they are filing FL-320. Use the hearing date, not the filing date.
Hearing time on FL-300 page 1.
- Filers list a date instead of a time.
- Filers use 24-hour format.
Department or room on FL-300 page 1.
- Filers list a courtroom number from a year ago.
- Filers confuse 'department' with 'division'.
Acknowledge whether any DV protective orders are in effect between the parties.
- Filers ignore item 1 because they think it does not apply. Item 1 must be answered to acknowledge any DV protective orders; leaving blank reads as a non-answer and slows hearing prep.
- Filers omit a TRO that has expired. Item 1 covers any DV order in effect; check whether a TRO has lapsed before answering.
Whether FL-300 included a custody / visitation request. Should match FL-300 page 1 form-title category checkboxes.
- Filers check 'applies' for items not in FL-300. Match item 2 only if FL-300 page 1 form-title checkbox 'CUSTODY/VISITATION' is checked.
- Filers leave blank when FL-300 did include a custody/visitation request.
Sub-checkbox: consent to requested custody. Must mark consent or do-not-consent if the answer to “Did FL-300 ask for child custody or visitation orders?” is Yes.
- Filers consent without reading the requested order carefully. Read FL-300 item 2 in full before consenting.
- Filers consent to one parent's request thinking it forecloses their own ability to seek different orders later. Consent here means consent to THIS hearing's order; future modifications require a new FL-300.
Sub-checkbox: consent to requested visitation. Must mark consent or do-not-consent if the answer to “Did FL-300 ask for child custody or visitation orders?” is Yes.
- Filers consent without reading the visitation schedule.
- Filers consent to 'reasonable visitation' as a placeholder. 'Reasonable' is not enforceable; if vague, propose specific terms in “Custody / visitation orders you propose instead”.
Sub-checkbox: do not consent and propose different orders.
- Filers check disagree without specifying alternative in “Custody / visitation orders you propose instead”. Disagreement requires a counter-proposal.
- Filers disagree without identifying which sub-topic (custody vs visitation) they disagree with. Mark the specific disagree topic checkbox.
Required when “I do not agree to the requested orders and propose different orders” is checked and disagreement is about custody.
- Filers leave blank when disagreeing about custody.
- Filers check both custody and visitation when only one is contested.
Required when “I do not agree to the requested orders and propose different orders” is checked and disagreement is about visitation.
- Filers leave blank when disagreeing about visitation.
- Filers check both custody and visitation when only one is contested.
Custody / visitation orders the responding party proposes instead. Required when “I do not agree to the requested orders and propose different orders” is checked.
- Filers write generic disagreement ('I don't agree') without proposing specific alternative terms. The court needs proposed orders to evaluate.
- Filers propose terms inconsistent with the child's best interest. Family Code 3011 factors apply; align proposed terms to those factors.
Whether FL-300 included a child support request.
- Filers check applies when FL-300 had no child support request.
- Filers leave blank when FL-300 did request child support.
Consent to the requested child support order.
- Filers consent without checking if guideline child support applies (“I consent to guideline child support”).
- Filers consent to a non-guideline amount without understanding it is below or above guideline. Run a calculator (DissoMaster, X-Spouse, or the CA online estimator) before consenting.
Consent to guideline child support (Family Code section 4055).
- Filers check this without running the guideline calculation. Family Code 4055 sets the formula; verify against a calculator before consenting.
- Filers consent to guideline thinking it is fixed. Guideline depends on income; if either party's income changes, the guideline amount changes.
Do not consent; propose different child support.
- Filers check disagree without specifying alternative.
- Filers disagree without filing a current FL-150.
Child support alternative. Required when “I do not agree, and propose different child support” is checked.
- Filers propose a flat dollar amount without showing the income calculation. Child support is income-driven; propose a calculation, not just a number.
- Filers propose $0 when the other parent has documented income. The court is unlikely to award $0 without specific findings.
Whether FL-300 included a spousal/partner support request.
- Filers check applies when FL-300 had no spousal support request.
- Filers leave blank when FL-300 did request spousal support.
Consent to the requested spousal/partner support order.
- Filers consent to support without consulting Family Code 4320 factors (long-term support).
- Filers consent to a temporary amount thinking it caps long-term support. Temporary support (4320(a)) and long-term support (4330+) are calculated differently.
Do not consent; propose different orders.
- Filers check disagree without specifying alternative.
- Filers disagree without filing FL-150.
Spousal/partner support alternative. Required when “I do not agree, and propose different orders” is checked.
- Filers propose '$0' without addressing Family Code 4320 factors.
- Filers propose a duration not aligned with Family Code 4336 (long-marriage rule).
Whether FL-300 included a property control request.
- Filers check applies when FL-300 had no property control request.
- Filers leave blank when FL-300 did request.
Consent to the requested property control order.
- Filers consent without understanding what property control means.
- Filers consent to exclusive use without realizing financial obligations attach.
Do not consent; propose different orders.
- Filers check disagree without specifying alternative.
- Filers disagree without identifying the specific property.
Property control alternative. Required when “I do not agree, and propose different orders” is checked.
- Filers propose vague property terms.
- Filers fail to address ATROs (automatic temporary restraining orders) that already constrain property control.
Whether FL-300 included an attorney's fees and costs request.
- Filers check applies when FL-300 had no fee request.
- Filers leave blank when FL-300 did request fees.
Consent to the requested attorney's fees order.
- Filers consent without understanding need-based fees under Family Code 2030.
- Pro se filers consent to pay fees they cannot afford. Family Code 2030 fees flow to the party who needs help paying counsel; understand the basis before consenting.
Do not consent; propose different orders.
- Filers check disagree without specifying alternative.
- Filers disagree without filing FL-150.
Attorney's fees alternative. Required when “I do not agree, and propose different orders” is checked.
- Filers propose '$0' without addressing 2030 factors.
- Filers propose fee allocation that ignores the parties' relative ability to pay.
Whether FL-300 included an 'other orders' request.
- Filers check applies when FL-300 had no 'other orders' request.
- Filers leave blank when FL-300 did request 'other orders'.
Consent to the other orders requested.
- Filers consent without identifying which 'other orders' they consent to.
- Filers consent in part but mark full consent.
Do not consent; propose different orders.
- Filers check disagree without specifying alternative.
- Filers disagree without identifying which other order they dispute.
Other orders alternative. Required when “I do not agree, and propose different orders” is checked.
- Filers propose vague counter-orders.
- Filers fail to address each other-order item separately.
Whether FL-300 asked the court to shorten time for service or move the hearing sooner.
- Filers check applies when FL-300 did not request shortened time.
- Filers leave blank when FL-300 did request shortened time.
Consent to the requested timing.
- Filers consent to shortened time without realizing it gives them less prep time.
- Filers consent without understanding that shortened time may waive certain procedural protections.
Do not consent; propose different timing.
- Filers check disagree without specifying alternative timing.
- Filers disagree without showing prejudice from the shortened schedule.
Timing alternative. Required when “I do not agree, and propose different timing” is checked.
- Filers propose 'standard time' without specifying what that means.
- Filers propose timing that exceeds Family Code statutory windows.
Item 9. Facts in date order, in your own words. The form's own text caps facts (form + attachment) at 10 pages unless the court grants permission for more.
- Filers vent emotionally without identifying material facts. The court reads facts in date order; lead with dates and concrete events.
- Filers state legal conclusions ('petitioner committed perjury') without supporting facts. State facts; the court draws conclusions.
Mark Attachment 9 if facts continue on a separate page (or MC-031). Optional.
- Filers leave blank when facts spill into Attachment 9. Mark this box so the court knows to look for the attachment.
- Filers mark this without actually attaching. The clerk will reject without the attachment.
Date the responding party signs. Form is signed under penalty of perjury under California law.
- Filers post-date the signature.
- Filers sign before completing the form.
Type or print full legal name. Sign with a pen on the line below after printing.
- Filers print a nickname.
- Filers leave the printed name blank.
Sources
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