Notice And Motion To Cancel Support Order Based On Presumed Income
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2FL-640
FOR COURT USE ONLY
GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406) OR
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
To keep other people from
seeing what you entered on
your form, please press the
TELEPHONE NO.:
FAX NO. (Optional):
Clear This Form button at the
E-MAIL ADDRESS (Optional):
end of the form when finished.
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
CASE NUMBER:
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT ORDER
BASED ON PRESUMED INCOME
If the support order is based on presumed income, you may file this motion and ask the court to cancel (set aside) the
support order. If the court agrees with you, the court will issue another order based on the actual income, earning capacity,
or income allowable by law. You must file the original of this motion and the attachments with the court clerk within one year
from the date the first collection of support was made and serve a copy on all other parties in this case. Keep a copy of this
motion for your records.
1.
To:
Petitioner/Plaintiff
Respondent/Defendant
Local child support agency
Other (specify):
A hearing on this motion will be held as follows (see instructions on how to get a hearing date):
a. Date:
Time:
Dept.:
Div.:
Room:
b. Address of court:
same as noted above
other (specify):
2.
I am asking the court to cancel (set aside) the child support order in this case.
3.
I am asking the court to issue another order because the current order is based on a presumed income that is different from the
actual income.
Attached is an Income and Expense Declaration (form FL-150) or a Financial Statement (Simplified) (form FL-155), or other
4.
information concerning income for any relevant years.
Attached is my proposed Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)
5.
(form FL-610).
6.
My address and telephone number for receipt of all notices and court dates are as follows:
Address:
City, state, and zip code:
Home telephone:
Work telephone:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
(SIGNATURE)
This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to
issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in
your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner acting
as a temporary judge. The court commissioner may still hear your case to make findings and recommendations to a judge.
However, if you object to the commissioner acting as a temporary judge, an order will not be made until a judge reviews your
case.
Page 1 of 2
Form Adopted for Mandatory Use
Family Code, §§ 2330.1, 17400,
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT
Judicial Council of California
17428, 17430, 17432
ORDER BASED ON PRESUMED INCOME
FL-640 [Rev. January 1, 2012]
(Governmental)
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