Respond to Request to set aside support order
To respond to a request to set aside a support order, you must fill out and file a form with the court.
Before you start
Research the legal reasons a judge can set aside an order
Your spouse or child's other parent is asking to set aside the order either because of fraud, perjury, or because they claim they never got notice (were never served papers). Find out more about the legal reasons they used and any deadlines they had to follow.
Try to reach an agreement if possible
Before or at the court date, the parents must talk to each other (unless there is a restraining order) to try to reach an agreement.
Get free help from your court
If you need help, your court's Family Law Facilitator can explain the reasons and deadlines. They can also review your forms before you file them with the court.
How to respond to request to set aside support
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Fill out Responsive Declaration to Request for Order form
Responsive Declaration to Application to Set Aside Support (form FL-365)
This form lets you tell the judge and the other parent if you agree (consent) or disagree with the request and why.
In item 3, “Supporting Information,” explain what facts support your side. If you need more space, check the box that says, “Attachment 3.” You can use the Attached Declaration (form MC-031).
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Attach documents to support your case
Sometimes it's important to have documents that support your case. If you have any, you can attach or file these with your request so the judge can consider them at the hearing.
- Examples of documents that support your may include things like a bank statement showing your expenses
- Blackout any private information like a Social Security number or account number
- If there is a witness (someone who saw or personally knows something), you can ask them to write and sign a statement that says what they know. Learn more about witness statements.
If you don't have these ready now, you can file them later.
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Make copies of your forms
After you’ve filled out, signed, and dated both forms, make at least 2 copies of the forms. The court will keep the original. The copy is for you and the other side. If the LCSA is part of your case, make a copy for them as well.
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File your forms
To file your forms with the court, give the original and the copies you made to the court clerk. The clerk will keep the original and will stamp the copies and return them to you.
Yes, you can file by mail. Mail your original and copies to the clerk. You need to include the filing fee and a self-addressed stamped envelope so the clerk can mail your copies back to you. If you do not include a self-addressed stamped envelope you will have to go to the courthouse to pick up your copies.
Some courts allow online filing. You can find out if your court has online filing by visiting your court’s website.
Respond to a request to set aside support
What's next?
Once you’ve filed the forms, the next step is to serve the other side and the LCSA, if they are part of your case. This means having another adult deliver a copy of the forms you filed. You can do this by mail or in person.
Before or after you serve the forms, you can start to prepare for your court date.