What Is Form FL-320? The Responsive Declaration to Request for Order Explained

 

Disclaimer This article is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Court forms, filing requirements, and procedures are subject to change. Always verify current form versions at courts.ca.gov and consult a licensed California attorney for guidance specific to your situation. Reading this article does not create an attorney-client relationship with SuperDocs or any attorney.

 

If you handle family law cases in California, Form FL-320 — the Responsive Declaration to Request for Order — is the document a responding party files to answer an FL-300 Request for Order. It is the respondent’s opportunity to tell their side of the story, propose alternative orders, and put their own financial information before the court before the hearing takes place.

An FL-320 that is filed late, prepared without supporting documentation, or left incomplete signals to the court that the responding party is unprepared — or worse, unresponsive. For attorneys and paralegals representing respondents, preparing a thorough and timely FL-320 is just as important as preparing the original FL-300 is for the moving party.

 

Why FL-320 Matters

When a party files FL-300 requesting orders on custody, support, attorney fees, or other relief, the court does not hear only one side. FL-320 is the mechanism by which the responding party presents their position, disputes factual claims in the moving party’s declaration, and proposes their own alternative orders.

A well-prepared FL-320 can significantly affect the outcome of the hearing. A judge who receives only the moving party’s declaration and supporting documents — without a substantive response — has limited information on which to base a balanced order. Filing a complete and timely FL-320 ensures the court has both sides of the picture before making any decisions.

 

When Is FL-320 Required?

FL-320 should be filed whenever a party receives an FL-300 Request for Order and wishes to respond. Common situations include:

•     Responding to a request for temporary custody or visitation orders

•     Opposing or proposing alternative child support or spousal support amounts

•     Contesting a request for attorney fees

•     Responding to a post-judgment modification request

•     Presenting the respondent’s own proposed parenting plan in response to FL-311

•     Disputing factual claims made in the moving party’s supporting declaration

 

FL-320 is not strictly mandatory — a party can appear at the hearing without filing one. However, failing to file FL-320 significantly limits the responding party’s ability to present their position effectively, and some courts expect a written response before the hearing. Always check local court rules for any county-specific requirements.

 

When Must FL-320 Be Filed?

FL-320 must be filed and served on the moving party at least nine court days before the hearing. This is a firm deadline — a late response may be rejected by the court or given less weight at the hearing. The nine-day deadline gives the moving party time to review the response and prepare a reply if needed.

If FL-150 (Income and Expense Declaration) is required — which it is whenever support or attorney fees are at issue — it must also be served and filed within the same timeframe. Confirm the exact deadline by counting court days carefully, excluding weekends and court holidays.

 

How to Complete FL-320: Section-by-Section Guide

1. Case Caption

Enter party names and case number exactly as they appear on FL-300 and all other filed documents. Consistency is essential — discrepancies between FL-320 and FL-300 create confusion at the hearing.

2. Responding Party Designation

Check the box indicating whether the responding party is the petitioner or respondent in the underlying case. This is sometimes a source of confusion — the party who filed the FL-300 is the “moving party” for that hearing, regardless of whether they are the petitioner or respondent in the dissolution case.

3. Response to Each Item in FL-300

FL-320 is structured to mirror FL-300. For each item of relief requested in FL-300, the responding party must indicate whether they agree, disagree, or propose an alternative. Be specific — a general objection without detail gives the court nothing to work with. For each item where the response disagrees or proposes alternatives:

•     State clearly what the responding party is requesting instead

•     Provide the factual basis for the alternative request

•     Reference supporting documentation or declarations where applicable

4. Custody and Visitation Response

If FL-300 includes a custody or visitation request supported by FL-311, the responding party should address the proposed parenting plan specifically. If the responding party has a different proposed schedule, set it out in detail here — or attach their own FL-311 as a counter-proposal. Vague responses such as “respondent disagrees with the proposed schedule” without an alternative give the court nothing to order.

5. Support Response

If FL-300 requests child support or spousal support, the responding party must address the requested amounts. A current FL-150 (Income and Expense Declaration) must be attached whenever support is at issue. The financial information in FL-150 directly affects the support calculation — an outdated or incomplete FL-150 weakens the response. Ensure FL-150 reflects current income and expenses at the time of filing.

6. Attorney Fees Response

If FL-300 requests attorney fees, address the request specifically. Provide the responding party’s financial position and the basis for opposing or modifying the fee request. A current FL-150 is essential here as well — the court will look at both parties’ financial circumstances when evaluating a fee request.

7. Supporting Declaration

FL-320 should always be accompanied by a supporting declaration from the responding party. The declaration is signed under penalty of perjury and sets out the facts that support the responding party’s position. It should directly address and respond to the factual claims made in the moving party’s declaration. A declaration that simply denies the other party’s allegations without providing alternative facts is less persuasive than one that tells the responding party’s story affirmatively.

8. Date and Signature

FL-320 must be signed by the responding party and their attorney. Verify that the signature is in place and that the date reflects when the form is actually ready to be filed and served — not backdated.

 

FL-320 vs. FL-300: Understanding the Relationship

A common source of confusion is the procedural relationship between FL-300 and FL-320:

•     FL-300 — filed by the moving party to initiate the hearing and request orders. Sets out what the moving party wants and why.

•     FL-320 — filed by the responding party to answer the FL-300. Sets out what the responding party wants instead, or why the FL-300 request should be denied or modified.

•     Both forms are served on the other party before the hearing — FL-300 at least 16 court days before, FL-320 at least 9 court days before.

•     Both forms may be accompanied by FL-150, FL-311, supporting declarations, and other attachments depending on the relief at issue.

 

The hearing is where the court considers both the FL-300 and the FL-320 together. A thorough FL-320 puts the responding party on equal footing with the moving party at the hearing.

 

Mistakes and Best Practices

Because FL-320 is the responding party’s primary opportunity to present their position before the hearing, errors or omissions here directly affect the outcome. The most common problems to avoid:

•     Filing FL-320 late — the nine court day deadline is firm and a late response may be rejected

•     Failing to attach FL-150 when support or attorney fees are at issue

•     Responding vaguely without proposing specific alternative orders

•     Not addressing the moving party’s factual claims in the supporting declaration

•     Inconsistent party names or case numbers between FL-320 and FL-300

•     Filing FL-320 without serving it on the moving party — both filing and service are required

 

And the workflow habits that prevent them:

•     Calendar the nine court day deadline immediately upon receiving FL-300 — count court days carefully

•     Prepare FL-320 and FL-150 together as a package whenever support or fees are at issue

•     Draft the supporting declaration at the same time as FL-320 so the facts and the form responses are consistent

•     Cross-check party names and case numbers against FL-300 before filing

•     Confirm local court rules for any county-specific requirements for responsive declarations

•     File proof of service with the court after serving FL-320 on the moving party

 

Companion Forms Filed with FL-320

FL-320 is almost always accompanied by supporting documents. The standard response package depends on the relief at issue:

•     FL-150 — Income and Expense Declaration (required whenever support or attorney fees are at issue)

•     FL-311 — Child Custody and Visitation Application Attachment (if proposing an alternative parenting plan)

•     FL-300 — Request for Order (the form FL-320 is responding to)

•     Supporting declaration — a declaration under penalty of perjury setting out the facts supporting the response

•     Proof of service — confirming FL-320 was served on the moving party within the required timeframe

 

How SuperDocs Can Help

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For FL-320 filings, party names, case numbers, and financial data entered once are available across FL-300, FL-311, FL-150, and related forms in the same case.

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