Request For Hearing And Application To Set Aside Voluntary Declaration Of Paternity Page 2
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1
2FL-280
PETITIONER/PLAINTIFF:
CASE NUMBER:
RESPONDENT/DEFENDANT:
OTHER PARENT:
This request is initiated by the local child support agency based on a conflict between a voluntary declaration of paternity and
9.
a judgment of paternity, or a conflict between two or more voluntary declarations of paternity (specify):
10.
There is a judgment or an order for paternity, child support, visitation, or custody entered on (date):
based on the voluntary declaration of paternity. I have complied with the time limits for filing this request to set aside
(check one):
a.
Request brought within six months after the entry of the order or judgment of paternity, based on mistake of fact
or law, inadvertence, surprise, or excusable neglect.
b.
Request brought within one year after the date fraud or perjury was or should have been discovered.
Request brought as quickly as possible.
c.
11.
There is no judgment or order issued by a court or an administrative agency for paternity, child support, visitation, or custody.
a.
There is an action pending for child support, visitation, or custody in (specify county):
County
(Attach copies of the papers served on you or by you, if available.)
b.
There is no pending action for child support, visitation, or custody.
12.
The facts in support of this request are (specify):
(See the Information Sheet (form FL-281) for instructions on how to complete this section.)
Contained in the attached declaration.
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 OF DECLARANT)
NOTICE FOR CASES INVOLVING A LOCAL CHILD SUPPORT AGENCY
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 a recommended order. If you do not like the recommended
order, you must object to it within 10 court days; otherwise, the recommended order will become a final order of the court. If you
object to the recommended order, a judge will make a temporary order and set a new hearing.
NOTICE TO CLERK: This Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity must be
filed even if no court file concerning these parties currently exists.
FL-280 [Rev. January 1, 2006]
REQUEST FOR HEARING AND APPLICATION
Page 2 of 2
TO SET ASIDE VOLUNTARY DECLARATION OF PATERNITY
(Family Law—Governmental)
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