What do these papers mean?

Notice and Motion to Cancel (Set Aside) Support Order (form FL-640)

If you received a Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income (form FL-640), your child's other parent filed papers asking the court to cancel (set aside) the child support order in your case and to make a new child support order. You have a court date where the court will decide whether to cancel the child support order.

 

This page will help you understand what the form means and your options for what to do next.

Highlight of Form FL-640 showing hearing information

Hearing date and time

The date, time, and location are on the first page. 

Highlight of Form FL-640 showing requested orders

What the other parent wants the court to decide

The other parent is asking the court to cancel the child support order because their income is different than what the court used (the presumed income). If the court does set aside the child support order, they may make a new child support order using the new information about the other parent's income.

 

The other parent should have included information about their actual income in the Declaration of Obligor's Income During Judgment Period-Presumed Income Set-Aside Request (form FL-643) and Income and Expense Declaration (form FL-150). 

What to do next

The LCSA will likely respond, you can too

The lawyer for the Local Child Support Agency will likely file a response to the other parent's request. If they do, you should receive a copy of their response in the mail. They may also reach out to you and the other parent to reach an agreement before court.

You can also file a response. You can use Responsive Declaration to  Request for Order (form FL-320). If you file a response, you must have it served on the LCSA and other parent.

Go to the court date

Even if you do not file a response, go to the court date.

Consider getting help

  • Get free help from the court. The court where the case is filed has a program where they offer free legal information about child support. Learn more about the court’s Family Law Facilitator or Self-Help Center.  

  • Hire a lawyer for advice. You can hire a lawyer to help with just part f your case, like offering advice or helping you write a response.