The California 1285 65 form is an Ex Parte Application for Wage and Earnings Assignment Order Modification, designed for use in family law cases. This form allows individuals to request modifications to existing wage assignment orders related to child and spousal support. To ensure proper processing, it is essential to fill out this form accurately; click the button below to get started.
The California 1285.65 form is a critical document used in family law cases, specifically for modifying wage and earnings assignment orders related to child and spousal support. This form is utilized when a party needs to request changes to existing support orders or when seeking enforcement of unpaid support. Key sections of the form require the applicant to declare details about the original support orders, including the dates they were issued, the parties responsible for payments, and the total unpaid amounts. Additionally, the applicant must provide information regarding any changes in circumstances, such as the emancipation of children or changes in custody arrangements. The form also allows for requests to issue new wage and earnings assignments for current support obligations and any arrears. It is essential that the applicant accurately complete the form, as it serves as a formal request to the court to modify existing orders and enforce compliance. By following the guidelines outlined in the California 1285.65 form, individuals can navigate the complexities of support modifications with clarity and purpose.
1285.65
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (pursuant
TELEPHONE AND FAX NOS.:
to Welf. & Inst. Code, §§ 11475.1, 11478.2) (Name, state bar number, and address):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
EX PARTE APPLICATION FOR WAGE AND EARNINGS
ASSIGNMENT ORDER
MODIFICATION
FOR COURT USE ONLY
CASE NUMBER:
APPLICANT DECLARES
1.
Child support was ordered as follows:
a. Date of order:
b. Payable by
petitioner
respondent
other parent
other (specify):
c. Payable to
d. Total amount unpaid is at least:
$
as of (date):
2.
Spousal support
family support was ordered as follows:
3.
(Complete for support ordered before July 1, 1990 only)
Payment of
child support
spousal support is overdue in the sum of at least one month's payment.
Written notice of my intent to seek a wage assignment was
a.
given at least 15 days before the date of filing this application
(1)
by first class mail.
(2)
by personal service.
(3)
contained in the support order described in item 1 or 2.
(4)
b.
waived (explain):
4.
A Wage and Earnings Assignment Order has not been issued for support ordered after July 1, 1990.
5.a. The amount of arrears stated in items 1d and 2d not included, it is not waived.)
b.The amount of arrears stated in items 1d and 2d are not included, they are not waived.)
does
does not
include interest at the legal rate. (If interest is
include penalties at the legal rate. (If penalties
(Continued on reverse)
Form Adopted by Rule 1285.65 Judicial Council of California 1285.65 [Rev. January 1,1998]
EX PARTE APPLICATION FOR WAGE AND EARNINGS ASSIGNMENT ORDER
WEST GROUP
Official Publisher
Family Code, §§ 5230, 5252
(Family Law)
6.
Modification of the existing Wage and Earnings Assignment Order is requested because
the following children are emancipated (support no longer required by law) as of the following dates
(specify name(s) and date(s)):
c.
d.
e.
f.
custody of the following children has changed (specify):
the support arrears in this case are paid in full.
the Wage and Earnings Assignment Order must be conformed to the most recent support order as follows (specify):
the district attorney is no longer enforcing the current support obligation in this case but is required to collect and enforce any arrears owing.
the Wage and Earnings Assignment Order should be terminated as to spousal support because
the supported spouse remarried on (date):
the supported spouse died on (date):
by terms of the current order, spousal support was to terminate on (date):
g. other (specify):
7. I request a Wage and Earnings Assignment Order issue for the following monthly deductions:
per month current child support.
per month current spousal support.
per month current family support.
per month child support arrears.
per month spousal support arrears.
per month family support arrears.
g.Total deductions per month: $
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
. . . . . . . . . . . . . . . . . . . . . . . . . .
(TYPE OR PRINT NAME)
(SIGNATURE OF APPLICANT)
1285.65 [Rev. January 1,1998]
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