How to Fill Out California Form FL-320 (w/Examples) + FAQs

You fill out California Form FL-320 by responding line-by-line to each request listed in the moving party’s Request for Order (FL-300), checking the boxes that match your position (consent, consent with conditions, or oppose), attaching a sworn declaration of facts, and serving it on the other party at least nine court days before the hearing under Code of Civil Procedure § 1005(b). The form is the official Judicial Council pleading used to oppose, agree to, or partially agree with custody, visitation, support, attorney’s fees, restraining orders, or any other relief sought in a California family law motion.

Filing FL-320 wrong creates real consequences. According to the Judicial Council of California’s 2023 Court Statistics Report, family law filings made up roughly 36% of all civil filings statewide, and self-represented parties appear in over 70% of family cases — a population that loses requested relief most often because of procedural errors on responsive pleadings.

Here is what you will learn:

• 📄 How to fill out every box, item, and line of FL-320 without missing a checkbox
• ⚖️ How California Rules of Court 5.92 and 5.111 shape your declaration length and content
• 💵 How to attach the right financial forms like FL-150 when support or fees are at issue
• 🧾 How to serve and file FL-320 within the nine court day rule and avoid continuance
• 🚫 How to avoid the seven biggest mistakes that sink responsive declarations in California family court

What California Form FL-320 Is and Why It Exists

California Form FL-320, titled Responsive Declaration to Request for Order, is the mandatory Judicial Council form a respondent uses to answer a Request for Order filed on Form FL-300. The form lives inside California’s family law system, which is governed by the California Family Code and the California Rules of Court, Title 5. Without FL-320, you have no clean way to put your written position before the judge before the hearing.

The form exists because California courts require notice pleading in family law motions. The judge reads both FL-300 and FL-320 before the hearing to understand each side’s position, the facts in dispute, and the proposed orders. If you skip FL-320, the judge may treat the moving party’s facts as uncontested, which can lead to a default-style ruling on custody, support, or fees.

The consequence of ignoring FL-320 is direct. Under California Rule of Court 5.92(c), the responding party should file FL-320, and many local rules — like Los Angeles Superior Court Local Rule 5.6 — require it. A missing FL-320 lets the moving party walk into the hearing unopposed on paper.

A common misconception is that you can just “show up and tell the judge.” That is not how California family courts work. Judges decide most Requests for Order on the papers plus brief argument, and oral testimony is limited under Family Code § 217 only when live testimony is requested in advance.

When You Must Use FL-320 vs. Other Forms

You use FL-320 only when responding to an FL-300 Request for Order. You do not use it to start your own request — for that you file your own FL-300. You also do not use FL-320 to respond to a Domestic Violence Restraining Order request, which uses Form DV-120 instead.

If the underlying motion is a Request for Order to set aside a judgment under Family Code § 2122, you still respond on FL-320 because the moving paper is FL-300. The triggering document, not the topic, controls which response form you use. Picking the wrong form can get your filing rejected at the clerk’s window or stricken by the court.

The consequence of using the wrong form is delay. The clerk may reject the filing, you lose your nine court day response window, and the hearing may proceed without your written opposition. Always match the response form to the moving form.

Step-by-Step: How to Fill Out FL-320 Line by Line

The form has nine numbered items plus a sworn declaration page. Each item maps to a category of relief the moving party may have requested. You fill out only the items the moving party raised — leaving the others blank is normal and expected. Below is a line-by-line walkthrough using the version of FL-320 published on the Judicial Council forms page.

The form is not optional in content. Every checkbox you select carries legal weight, and every box you leave blank is read as “no position.” Read FL-300 first, then mirror its requests on FL-320 in the same order.

Caption Box: Court, Parties, Case Number

The top caption asks for the attorney or self-represented party’s name, address, phone, email, and State Bar number. Self-represented parties write In Pro Per in the Bar number field. The court name and branch must match exactly the court where FL-300 was filed — copy it word for word from the FL-300.

You also fill in the Petitioner and Respondent names exactly as they appear on the Petition (FL-100) and the case number. Mismatched names or case numbers send the filing to the rejection pile. The hearing date, time, and department must match the FL-300 hearing notice.

The consequence of a wrong caption is a rejected filing under California Rule of Court 1.20. A real example: Jasmine received an FL-300 set for Department 4 at the Stanley Mosk Courthouse but typed “Department 2” on her FL-320; the clerk accepted it, but the courtroom clerk could not find her response in the file, and her opposition was missed.

Item 1: Child Custody and Visitation

Item 1 has three checkboxes: consent to the order requested, consent to the order requested with the following changes, or do not consent to the order requested. Pick exactly one. If you check consent with changes, you must describe the proposed changes in plain language, either on the form or in an attached declaration referencing this item.

California custody law sits in Family Code § 3011 and § 3020, which require the judge to decide based on the best interest of the child. If domestic violence has occurred within the past five years, Family Code § 3044 creates a rebuttable presumption against custody to the offending parent — your FL-320 must address this presumption directly if it applies.

Example: David received an FL-300 asking for sole legal and physical custody of two children. He checks consent with changes, then writes that he agrees to joint legal custody but opposes sole physical custody, citing his current 50/50 timeshare under the existing temporary order. He attaches a custody and visitation proposal using Form FL-311.

The misconception here is that consent with changes means you partly lose. It does not. It means you agree on some points and propose alternatives on others, which is often the most credible position before a family law judge.

Item 2: Child Support

Item 2 mirrors Item 1’s three-checkbox structure but for child support. California uses a statewide guideline formula under Family Code § 4055, which is calculated by DissoMaster or XSpouse software. If the moving party asks for an amount above or below guideline, your FL-320 must say why guideline is the correct number.

You must attach a current Income and Expense Declaration (FL-150) under California Rule of Court 5.260(a)(3). The FL-150 must be no older than three months and include the last two months of paystubs. Without FL-150, the judge has no income data from you, and the court can impute income under Family Code § 4058(b).

Consequence: If you skip FL-150, the judge may adopt the moving party’s income figures wholesale. Real example: Maria opposed a request for $1,800 per month in child support but did not attach FL-150; the judge used Petitioner’s stated income figures and ordered $1,750. Maria then had to file a motion to set aside under Family Code § 3691.

Item 3: Spousal or Partner Support

Item 3 covers temporary or pendente lite spousal support under Family Code § 3600 and long-term spousal support under Family Code § 4320. Temporary support uses guideline calculators in most counties; long-term support requires a fact-intensive § 4320 analysis. Your FL-320 must say which type the request is and respond accordingly.

For long-term support, list each § 4320 factor — marital standard of living, earning capacity, marriage length, age and health, balance of hardships — and address each with facts. The court in Marriage of Cheriton (2001) 92 Cal.App.4th 269 reversed a support order for failing to weigh the § 4320 factors, so judges expect both sides to brief them.

Misconception: Many respondents think a 10-year marriage means lifetime support. It does not. Family Code § 4336 only retains the court’s jurisdiction indefinitely after a long marriage; the actual amount and duration are still discretionary.

Item 4: Property Control

Item 4 covers exclusive use and control of property — usually the family residence under Family Code § 6321 or vehicles. Check consent, consent with changes, or oppose. If you oppose, your declaration must explain why exclusive use is not appropriate or why a different allocation works better.

If domestic violence is alleged, the court can grant exclusive use under Family Code § 6321 on a lower showing. Without DV allegations, the court considers hardship, who has the children most of the time, and ability to find alternative housing.

Example: David opposes an exclusive-use request because he pays the mortgage from separate property funds and the home was purchased before marriage. He explains this with documentation in his declaration, attaching the deed and pre-marital bank statements as exhibits.

Item 5: Attorney’s Fees and Costs

Item 5 governs need-based fees under Family Code § 2030 and sanctions-based fees under Family Code § 271. Need-based fees require a showing of disparity in access to funds and ability to pay. Sanctions require conduct that frustrates settlement.

You must attach Form FL-158 (Supporting Declaration for Attorney’s Fees and Costs) along with FL-150 if you are responding to a § 2030 request. Without FL-158, the judge cannot assess your fee position. The court in Marriage of Tharp (2010) 188 Cal.App.4th 1295 emphasized that § 2030 requires findings on disparity and ability — your declaration should give the judge the facts to make those findings.

Consequence: A failure to address § 2030 factors lets the moving party’s fee request stand unrebutted. Maria lost a $7,500 fee award because her FL-320 said only “I oppose fees” without addressing the income disparity or her own fee burden.

Item 6: Other Relief

Item 6 is a catch-all for relief that does not fit elsewhere — discovery orders, vocational evaluations under Family Code § 4331, child custody evaluations under Evidence Code § 730, or appointment of a minor’s counsel under Family Code § 3150. Read FL-300 carefully to identify what other relief is requested.

Each other relief request must be answered specifically. Generic “I oppose all other relief” language is weak. The judge wants to know whether you agree to a vocational evaluation, who should pay for a 730 evaluation, and whether minor’s counsel is justified.

Misconception: Item 6 is not optional filler. It often contains the most consequential requests, like move-away permission requests under Marriage of Burgess (1996) 13 Cal.4th 25 and Marriage of LaMusga (2004) 32 Cal.4th 1072. Move-away cases turn on detailed factual showings, so Item 6 responses can be the longest part of your declaration.

Item 7: Time for Hearing

Item 7 is a request for additional hearing time. If you believe the matter needs more than the typical 20 minutes per side, check the box and state how much time you need and why. Complex custody cases often need 30–60 minutes per side.

The court is not required to grant your request, but asking puts the judge on notice. If you want live testimony under Family Code § 217, you must request it in writing before the hearing, listing the witnesses and the issues. Many local rules require a separate witness list under California Rule of Court 5.113.

Consequence: If you skip Item 7 and show up expecting to call witnesses, the judge can deny live testimony and decide the matter on the papers. Jasmine lost the chance to cross-examine her ex-husband’s accountant because she never requested live testimony in her FL-320.

Item 8: Facts in Support

Item 8 is where you state the facts that support your responsive position. You may write directly on the form or, far more commonly, attach a separate declaration referencing Item 8. Under California Rule of Court 5.111(b), declarations attached to a Request for Order or response cannot exceed 10 pages without leave of court.

Your declaration must be based on personal knowledge, signed under penalty of perjury, and stick to admissible facts. Hearsay, character attacks, and legal argument do not belong here. The court in Elkins v. Superior Court (2007) 41 Cal.4th 1337 made clear that family law proceedings still follow evidence rules.

Misconception: A long declaration is not a strong declaration. Judges read hundreds of these. A focused, well-organized 6-page declaration beats a rambling 10-page one every time.

Item 9: Number of Pages Attached

Item 9 simply asks how many pages are attached to FL-320. Count every attached page — declaration pages, exhibits, FL-150, FL-158, FL-311, and any pleading exhibits. Undercounting can cause the clerk to lose pages from your file.

The page count also matters because under California Rule of Court 5.111(c), exhibits to declarations are limited to 25 pages total. If you exceed that, you need a written application to file a longer declaration, supported by a declaration showing good cause.

Consequence: If the clerk strikes pages over the limit, your best evidence may never reach the judge. Always check page counts before filing.

Three Common FL-320 Scenarios

Below are three of the most common scenarios California family law judges see when reviewing FL-320 responses, drawn from the Judicial Council’s family law caseload data. Each scenario shows the respondent’s choice and the legal consequence.

Respondent’s Choice	Court’s Likely Response
Files FL-320 with FL-150, addresses each FL-300 request, attaches relevant exhibits	Judge has full record; ruling reflects both parties’ positions; chance of favorable order rises sharply
Files FL-320 but skips FL-150 in a support case	Court may impute income under Family Code § 4058(b); support order often tracks moving party’s numbers
Files no FL-320 at all	Moving party’s declaration stands unopposed on paper; judge often grants requested relief, especially in default-prone counties

Procedural Choice	Outcome at the Hearing
Serves FL-320 nine court days before hearing under CCP § 1005(b)	Filing is timely; judge considers it on the merits
Serves FL-320 five court days before hearing	Judge may refuse to consider it or grant a continuance, delaying relief by 30–60 days
Hand-delivers FL-320 at the hearing	Judge usually strikes the response or continues the matter; respondent loses momentum

Declaration Choice	Effect on Credibility
Sticks to admissible, personal-knowledge facts under penalty of perjury	Builds judicial trust; positions respondent as the reasonable parent
Includes character attacks, hearsay, and legal argument	Loses credibility; some judges strike improper portions sua sponte
Misstates a fact later contradicted by documents	Triggers possible § 271 sanctions and long-term credibility damage in the case

Mistakes to Avoid When Filing FL-320

The seven mistakes below sink more responsive declarations in California family court than any others, based on patterns observed in the California Self-Help Center’s family law guidance. Each one carries a real consequence you can avoid.

• Missing the nine court day deadline. Under CCP § 1005(b), responsive papers must be served nine court days before the hearing, plus mailing days if served by mail. Missing this deadline lets the court refuse to consider your response.
• Failing to attach FL-150 in a support case. Without an Income and Expense Declaration, the court has no income data from you, and guideline support is calculated using only the moving party’s numbers.
• Using the wrong response form. Responding to a DV-100 on FL-320 instead of DV-120 is a fatal error. The clerk rejects the filing or the judge ignores it.
• Exceeding the 10-page declaration limit under CRC 5.111(b) without filing an application for a longer declaration. The court can strike all pages beyond 10.
• Putting legal argument in the declaration instead of a memorandum of points and authorities. Declarations carry facts under penalty of perjury, not argument. Mixing them invites objections and weakens the filing.
• Skipping the proof of service. Form FL-335 (Proof of Service by Mail) or POS-040 must be filed showing service on the other party. No proof of service means the judge cannot confirm timely service.
• Forgetting to sign under penalty of perjury. An unsigned FL-320 is a nullity. The court cannot consider an unsworn statement under CCP § 2015.5.
• Ignoring local rules. Counties like Los Angeles and San Diego impose extra requirements like courtesy copies to chambers. Ignoring them can lose you the judge’s attention.

Do’s and Don’ts of Filing FL-320

A clean FL-320 follows simple rules. The list below combines guidance from the California Courts Self-Help Center and common practice.

• Do read the FL-300 carefully and respond to each request in numbered order. This shows the judge you took the motion seriously.
• Do attach FL-150 in any case involving support, fees, or financial relief. Without it, the court has no financial picture from you.
• Do serve FL-320 nine court days before the hearing under CCP § 1005(b). Timely service is the foundation of a valid response.
• Do sign under penalty of perjury and include the date and city of signing. An unsigned declaration is worthless.

• Do file a proof of service. Filing without it is procedurally incomplete.

• Don’t attack the other party’s character. Judges discount declarations heavy on insult and light on facts.

• Don’t attach more than 25 pages of exhibits without leave under CRC 5.111(c). The court can strike the overage.
• Don’t file FL-320 in a DV case — use DV-120 instead. The wrong form gets rejected.
• Don’t miss the nine court day deadline. Late papers are not considered.
• Don’t forget to bring courtesy copies to court if required by local rule. Some judges read only chambers copies.

Pros and Cons of Filing FL-320 vs. Skipping It

Filing FL-320 is almost always better than skipping. But each option has trade-offs worth understanding.

• Pro: Your written position is in front of the judge before the hearing. Judges decide most RFOs largely on the papers.
• Pro: You preserve issues for appeal under Code of Civil Procedure § 904.1. Issues not raised below are usually waived.
• Pro: You force the moving party to respond to your facts in any reply. This frames the hearing.
• Pro: You set up cross-examination if Family Code § 217 live testimony is allowed.

• Pro: You demonstrate good faith engagement, reducing the risk of Family Code § 271 sanctions.

• Con: You commit to a written record. Statements in your declaration can be used against you later in trial.

• Con: Filing fees may apply if you have not already paid the first appearance fee. Use a fee waiver (FW-001) if eligible.
• Con: Drafting takes time. A solid FL-320 with declaration and exhibits often takes 8–15 hours of work.
• Con: You must comply with local rules that vary by county, increasing complexity.
• Con: If your declaration is sloppy, it can hurt more than help. A bad FL-320 is worse than none in some judges’ eyes.

Filing, Service, and Hearing Logistics

You file FL-320 with the clerk of the court that issued the FL-300 hearing notice, either in paper at the filing window or electronically through eFileCA or the county’s e-filing portal. Many counties now mandate e-filing under California Rule of Court 2.253 for represented parties. Self-represented parties may file in paper unless local rule says otherwise.

Service of FL-320 must comply with CCP § 1005(b). The default deadline is nine court days before the hearing, plus five calendar days if served by U.S. Mail within California, 10 calendar days if served by mail outside California. Personal service or e-service to a consenting party shortens the calendar but not the court-day count.

The fee for FL-320 in most counties is included in the first appearance fee of roughly $435–$450 for family law respondents under the statewide fee schedule. If you cannot afford the fee, file a Fee Waiver Application (FW-001) and supporting FW-003 order. The court usually rules on fee waivers within five days.

Courtesy Copies and Department Practices

Many California family law judges require chambers copies of FL-320 delivered to the courtroom one to three court days before the hearing. Department-specific orders are usually posted on each Superior Court website. Failing to deliver courtesy copies can mean the judge reads your filing for the first time on the bench — never ideal.

The consequence of skipping courtesy copies is real. David filed a strong FL-320 but never delivered a chambers copy; the judge ruled from a partial record because clerks had not yet routed the paper file to chambers. He had to seek reconsideration under Code of Civil Procedure § 1008.

Misconception: Courtesy copies are not duplicative when the file is electronic. They route your filing directly to the judge’s reading queue, which often runs separately from the e-file docket.

Recap of Key California Court Rulings

Several published California cases shape how FL-320 declarations should be drafted. Knowing them prevents avoidable losses.

Elkins v. Superior Court (2007) 41 Cal.4th 1337 confirmed family law trials follow the Evidence Code. Its progeny in Family Code § 217 made live testimony the default at RFO hearings — but only if requested in advance.

Marriage of Burgess (1996) 13 Cal.4th 25 and Marriage of LaMusga (2004) 32 Cal.4th 1072 set the framework for move-away requests. If FL-300 includes a move-away request, your FL-320 must address each LaMusga factor: the children’s interest in stability, distance, ages, relationship with each parent, and reasons for the move.

Marriage of Cheriton (2001) 92 Cal.App.4th 269 reversed a support order for failing to weigh § 4320 factors. Your FL-320 should give the judge the facts to make those findings.

Marriage of Tharp (2010) 188 Cal.App.4th 1295 emphasized that need-based fee orders under § 2030 require findings on disparity and ability to pay. A bare opposition to fees, without facts, can be reversed only if the trial court itself failed to make findings.

Three Detailed Named Examples

Reading the form rules is one thing. Seeing how real people apply them brings the rules to life. Below are three detailed worked examples drawn from common California fact patterns.

Example 1: Maria — Custody and Child Support

Maria is a respondent in a Santa Clara County dissolution case. Her ex-husband, Carlos, filed FL-300 asking for sole physical custody of their two children and $2,200 per month in child support. Maria works part-time and earns $4,800 per month gross.

She fills out FL-320 by checking consent with changes on Item 1, proposing joint physical custody with a 60/40 timeshare in her favor based on the existing temporary order. She checks do not consent on Item 2 and attaches an updated FL-150 showing her actual income, two paystubs, and a printout from the California Child Support Guideline Calculator showing guideline support of $1,180 — not $2,200.

In her declaration, Maria gives the judge dates, a custody timeline, and her DissoMaster output. Because she filed a complete FL-320 nine court days before the hearing with proof of service and chambers copy, the judge enters guideline support of $1,180 and a 60/40 timeshare consistent with the status quo.

Example 2: David — Spousal Support and Property Control

David is the respondent in a Los Angeles County legal separation case. His wife filed FL-300 seeking $5,500 per month in temporary spousal support and exclusive use of the family home. David earns $14,000 per month gross; his wife earns $3,200.

He files FL-320 marking consent with changes on Item 3, proposing $4,200 based on a DissoMaster calculation, and do not consent on Item 4 because both parties currently share the home and he pays the mortgage from his salary. He attaches FL-150 with paystubs and the most recent mortgage statement.

David’s declaration explains that exclusive use would impose hardship because no domestic violence has occurred and he has nowhere else to live near the children’s school. The judge enters temporary support of $4,300 and denies exclusive use, ordering both parties to share the home pending trial.

Example 3: Jasmine — Attorney’s Fees and Move-Away

Jasmine is a respondent in an Alameda County paternity case. The other parent, Anthony, filed FL-300 asking for $10,000 in need-based attorney’s fees under Family Code § 2030 and permission to relocate with the child to Texas.

Jasmine files FL-320 marking do not consent on Items 5 and 6. She attaches FL-150 and FL-158 showing she earns $6,200 per month and Anthony earns $11,500, addressing the disparity factor. On the move-away, her declaration walks through each LaMusga factor, showing the child has lived in Oakland her entire life, attends a local school, and has weekly contact with both parents.

The judge denies the move-away and grants only $3,000 in fees because Jasmine demonstrated she had her own fee burden and contributed to mediation in good faith. Her clean FL-320, served on time and supported by the right exhibits, made the difference.

Local Rule Nuances Across California Counties

California has 58 superior courts, each with local rules layered on top of the statewide rules. Failing to check local rules for the county where your FL-300 was filed is one of the most expensive mistakes a respondent can make.

Los Angeles Superior Court requires courtesy copies in many family law departments and uses Court Connect for e-filing. Orange County Superior Court requires meet-and-confer declarations on certain RFOs. San Diego Superior Court imposes its own page and exhibit limits on family law declarations.

The consequence of ignoring local rules is procedural rejection or substantive prejudice. Always read the local rules for the issuing court, the standing orders for the assigned department, and any case-management orders already in your case file before filing FL-320.

FAQs About California Form FL-320

Do I have to file FL-320 to oppose a Request for Order?

No, but skipping it is usually a strategic disaster. California Rule of Court 5.92 strongly encourages a written response, and judges rule largely on the papers, so a missing FL-320 lets the moving party’s facts stand unrebutted.

Can I file FL-320 by email?

No, you cannot email it directly to the court. You must file through the clerk’s window, by drop box, or through the county’s authorized e-filing portal under CRC 2.253, and you must serve the other party separately.

Is FL-150 required with every FL-320?

Yes, whenever the FL-300 raises support, attorney’s fees, or any other financial relief. CRC 5.260(a)(3) requires a current FL-150, and missing it lets the court use only the moving party’s income figures.

Can I attach more than 10 pages of declaration?

No, not without leave of court under CRC 5.111(b). You must file a separate application showing good cause, and the court must grant it before the longer declaration can be considered.

Does filing FL-320 count as a general appearance?

Yes, filing FL-320 generally counts as appearing in the case and waives objections to personal jurisdiction. If you have jurisdiction concerns, raise them by motion to quash before filing FL-320.

Can I request live testimony in FL-320?

Yes, under Family Code § 217 you can request live testimony by filing a witness list and request before the hearing, often using Item 7 of FL-320 to flag the request and a separate witness list under CRC 5.113.

Is the deadline to file FL-320 always nine court days before the hearing?

Yes, under CCP § 1005(b), nine court days is the default service deadline, with extra time if you serve by mail. Some courts allow shorter notice by court order or stipulation.

Can I file FL-320 if I missed the deadline?

Yes, you can still file, but the court may refuse to consider it on the merits. You can ask the court to consider it as a late-filed declaration, but the judge’s discretion is broad and untimely papers are routinely disregarded.

Does FL-320 work for a domestic violence restraining order?

No, a DV restraining order request uses Form DV-120, not FL-320. Filing FL-320 in a DV case is a procedural error that the clerk usually rejects.

Can I amend FL-320 after filing?

Yes, you may file an amended FL-320 before the hearing if there is enough time to serve it nine court days out, or by ex parte application under CRC 5.151 if circumstances have changed and good cause exists.

Do I need a lawyer to file FL-320?

No, you do not, and the California Courts Self-Help Center publishes plain-English guides for self-represented parties. Even so, a one-hour attorney consultation often catches issues that can change the outcome.

Can the other party object to my FL-320?

Yes, the moving party may file a reply declaration under CCP § 1005(b), due five court days before the hearing, and may object to inadmissible portions of your declaration under the Evidence Code.