NAPA FAMILY COURT
How to file an Order to Show Cause (OSC)
This section tells you about:
What is and w hen to use an Order to Show Cause (OSC)
When you file your divorce, legal separation or parentage case, you must also file a motion called an Order to Show Cause (OSC). An Order to Show Cause is a court order for the other party in your case to come to Court.
You can file an OSC to:
- Ask for temporary child orders when you first file your parentage, divorce, or legal separation case
- Ask for child orders in an existing case
- Ask for a change to your current orders, or
- Ask to cancel (" set aside ") a default judgment (a judgment that was made when you didn't respond to legal papers or appear in court) in a Department of Child Support Services child support case. If the court cancels the judgment, they will tell you what you owe for current and past child support ( arrears ).
Forms you will need:
If you are the person filing the Order To Show Cause (called the " moving party "), you must fill out these forms.
|Order to Show Cause
|Application for Order and Supporting Declaration
|Financial Statement (Simplified) or
||Use if you are only asking for child support: Form FL-155
|Income and Expense Declaration
||Use if you are also asking for spousal support or attorney fees: Form FL-150
You will also need the following forms for serving these documents on your spouse:
- Proof of Personal Service ( Form FL-330 )
- A blank Responsive Declaration To Order To Show Cause Or Notice Of Motion ( Form FL-320 )
- A blank Simplified Financial Statement ( Form FL-155 ) or
- A blank Income and Expense Declaration ( Form FL-150 )
There are 3 ways to fill out your own forms:
- Print the form on a printer, then print neatly in blue or black ink; or
- Fill out the form online using the links above, and print the filled-out form; or
- Fill out your form online using the form generator (answering questions to complete the form) and then print it.
H ow to Fill Out, File and Serve the OSC Forms:
Step 1: Fill out the forms:
If you have an existing case, no matter how old, use the same case title. After you fill out your forms, make 3 copies (for you, the other party, and one extra).
Step 2: File the forms:
Take your completed forms to your local court's Calendar office and ask for a hearing date. Then file your papers at the Clerk's office.
Step 3: Serve the documents:
You must serve the other parent with endorsed/filed copies of the court forms at least 21 days before your hearing (or sooner if the Judge says so). Someone over 18 - not you - must personally serve the other parent.
And, if the Department of Child Support Services is collecting child support, someone over 18 - not you - must personally serve it.
These are the forms you must serve:
- Your Order To Show Cause
- Your Application for Order and Supporting Declaration
- Your Simplified Financial Statement or Income and Expense Declaration
- A blank Responsive Declaration
- A blank Simplified Financial Statement or Income and Expense Declaration
Remember: You cannot serve the papers yourself.
Your papers must be served by an adult (over 18) who is not involved in your case. OR, hire a professional process server to serve your papers. (See your phone book.)
The person who serves the papers must complete a Proof of Personal Service ( form FL-330 ). The proof of service says he or she delivered the papers to the other party.
If you need to serve papers to someone in jail or prison in California, read this flyer: How to Serve Someone in Custody .
Step 4: File the Proof of Service:
File the original proof of service at the Court Clerk's office as soon as possible. This should be done before your hearing. Bring a filed copy of the proof of service to your hearing. If you can't file the proof of service before the hearing, bring the original to your hearing.
Step 5: Go to your hearing:
Come to Court early. Look for your name on the court calendar. The calendar is on the wall outside the courtroom door. Make sure your case is listed on the calendar. If it is not listed, and your papers say this is the right date and time, show your papers to the deputy inside the courtroom or go to the Calendar Clerk in the Clerk's Office.
Remember: Bring copies of all the papers in your case (especially the ones you filed to get this Court hearing), your copy of the filed proof of service, and any other papers that support your case, like pay stubs for the last 3 months, tax returns for the previous year, child care receipts, and anything else that supports the information in your Simplified Financial Statement or Income and Expense Declaration. If you are self-employed, bring papers that show how much money your business is making.
If you have any witnesses , make sure they come, too.
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Nothing on the Site should be construed as legal advice or used as a substitute for legal advice. The opinions stated in this site are based on personal experience.