Deployed servicemember must request hearing on stayed support modification after return

90 days after date the servicemember returned from out-of-state deployment, under Cal. Fam. Code 3651(c)(2).

Rule text

If the court stays the proceeding until after the return of the service member, the servicemember shall request the court to set the matter for hearing within 90 days of return from deployment or the matter shall be taken off calendar and the existing order may not be made retroactive pursuant to subdivision (c) of Section 3653.

Cal. Fam. Code 3651(c)(2), official source

Calculate this deadline

Deadline
Thursday, February 4, 2027
  1. Trigger (Date the servicemember returned from out-of-state deployment): Friday, November 6, 2026.
  2. Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Fam. Code 3651(c)(2)
If the court stays the proceeding until after the return of the service member, the servicemember shall request the court to set the matter for hearing within 90 days of return from deployment or the matter shall be taken off calendar and the existing order may not be made retroactive pursuant to subdivision (c) of Section 3653.
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."
Official source
  • Applies only where the servicemember filed a notice of activation and request to modify under 3651(c)(2) and the court stayed the proceeding. Consequence of missing it: matter taken off calendar and loss of retroactivity under 3653(c). 'Within 90 days of return' is counted as 90 days after the return date (CCP 12).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the servicemember returned from out-of-state deployment on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.

  1. Trigger (Date the servicemember returned from out-of-state deployment): Monday, March 15, 2027.
  2. Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)).

Notes

Applies only where the servicemember filed a notice of activation and request to modify under 3651(c)(2) and the court stayed the proceeding. Consequence of missing it: matter taken off calendar and loss of retroactivity under 3653(c). 'Within 90 days of return' is counted as 90 days after the return date (CCP 12).

Related deadlines

All California family law deadlines

Local rules by county

County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.

Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.