Completing and filing the Request For Order (FL-300) to modify an existing court order: Completing and filing a Request For Order (FL-300) to modify an existing court order is almost the same as completing and filing the FL-300 when you want to obtain temporary orders at the beginning of the divorce process. Rather than repeat all of that information here, we are simply going to tell you about the basic differences between the two motions. You will have to then read the section of the website under, “Contested Case”, sub-topic, “Temporary Orders”. There, you can read all about how to complete and file the FL-300. Before you read about how to fill out the FL-300, read the following information about the differences between an FL-300 to obtain temporary orders and an FL-300 to modify existing court orders. There is only one version of the FL-300 form. There are just a few differences in terms of what you need to do if you are using the FL-300 to modify an existing court order as opposed to using the FL-300 to obtain temporary orders.
One difference, which we have already discussed, is the “material change in circumstances” rule. If you are seeking temporary orders, obviously there is no need to include in your FL-300 a description of any changed circumstances that have occurred since the existing order was made, because there are no pre-existing orders.
If you are filing an FL-300 to modify an existing court order, you must attach a copy of the order you want to modify as an exhibit to your FL-300. If you don’t attach a copy of the existing order that you want to modify, the court clerk will reject your FL-300. If the existing order you want to modify is part of your Judgment of Dissolution, you can attach the entire judgment as an exhibit to your FL-300.
If you are filing an FL-300 to modify a post-judgment spousal support order, then you will have to fill out an extra court form. If you are seeking to modify a temporary spousal support order that was issued before entry of a Judgment of Dissolution, all you need is the FL-300 and your Income & Expense Declaration (FL-150). However, if a Judgment of Dissolution has already been entered, since any post-judgment motion to modify spousal support requires the court to complete an analysis of all of the spousal support factors set forth in Family Code 4320, you will have to complete and file an extra court form known as, “Spousal Or Partner Support Declaration Attachment” (FL-157). The FL-157 form addresses the Family Code 4320 factors. You can find the FL-157 in our Court Forms Database.
An FL-300 to modify an existing court order should be filed at the same court that issued the order you want to modify. File the FL-300 with the court in the county that issued the order. Use the same caption and case number that is on the court order that you want to modify.
When you file your FL-300 with the court, the court clerk will give you a hearing date. After you get your hearing date, the manner in which you serve your ex-spouse with an FL-300 to modify an existing court order is different than how you would serve your spouse with an FL-300 to obtain temporary orders. See the next discussion entitled, “Serving the Request For Order (FL-300) when seeking to modify an existing court order”.
When you go to the “Temporary Orders” section of the website that explains how to fill out the FL-300, you may be tempted to just read those portions of said section that deal with the particular type of order you are trying to modify. We suggest you read the entire section on “Obtaining temporary orders” because there is all kinds of information in that portion of the website that you may find useful in connection with your motion to modify a court order. You should read all of the subsections, including, but not limited to the following: 1) Filing the FL-300 with the court; 2) Service of the FL-300; 3) Attending the FL-300 hearing; and 4) Findings And Order After Hearing. However, before you read the “Temporary Orders” section of the website, read the next section about how to serve the FL-300 when the FL-300 seeks to modify an existing order.