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Notice And Motion To Cancel (Set Aside) Support Order Based On Presumed Income (Governmental) Form. This is a California form and can be use in Family Law - Governmental Judicial Council.
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Tags: Notice And Motion To Cancel (Set Aside) Support Order Based On Presumed Income (Governmental), FL-640, California Judicial Council, Family Law - Governmental
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FL-640
Index No.
FOR COURT USE ONLY
:
:
Plaintiff(s)
TELEPHONE NO.:
Calendar No.
JUDICIAL SUBPOENA
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
-against-
:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
:
STREET ADDRESS:
MAILING ADDRESS:
:
CITY AND ZIP CODE:
BRANCH NAME:
.................
PETITIONER/PLAINTIFF:
Defendant(s)
:
.....................................
RESPONDENT/DEFENDANT:
OTHER PARENT:
THE PEOPLE OF THE STATE OF NEW YORK
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT ORDER
TO
BASED ON PRESUMED INCOME
CASE NUMBER:
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 specified in item 4
below GREETINGS:
with the court clerk within one year from the date the first collection of support was made and serve a copy on the
local child support agency and any other party. Keep a copy of this motion for your records.
WE COMMAND YOU, that allLocal Childand excuses being laid Other (specify): each of you attend before
business Support Agency
aside, you and
Petitioner
Respondent
,
the Honorable
at the
Court
A hearing on this motion will be held as follows (see instructions on how to get a hearing date):
located at
County of
, on
day of
, at
o'clockDiv.:
in the
noon, and at any recessed
Time: the
Dept.: , 20
Room:
a. in room
Date:
or adjourned date, to testify and give evidence as a witness in this action on the part of the
1. To:
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.Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable
to
the party on an Income and Expense Declaration (form FL-150) or a Financial Statement$50 and all(form FL-155), or otheras a
whose behalf this subpoena was issued for a maximum penalty of (Simplified) damages sustained
Attached is
result of your failure toincome for any relevant years.
information concerning comply.
4.
Attached is my Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)
(form FL-610).
Witness, Honorable
, one of the Justices of the
My address and telephone number for receipt of all notices and court dates are as follows:
5.
6.
Court in
Address:
City, state, and zip code:
Home telephone:
Work telephone:
County,
day of
, 20
(Attorney must sign above and type name below)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
Attorney(s) for
(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
Office and P.O. Address
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
Telephone No.:
reviews your case.
Form Adopted for Mandatory Use
Judicial Council of California
FL-640 [Rev. January 1, 2005]
Facsimile No.:
E-Mail Address:
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT
Mobile Tel.
ORDER BASED ON PRESUMED INCOMENo.:
(Governmental)
Page 1 of 3
Family Code, §§ 2330.1, 17400,
17428, 17430, 17432
www.courtinfo.ca.gov
American LegalNet, Inc.
www.USCourtForms.com
CASE NUMBER:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
PROOF OF SERVICE
1. At the time of service I was at least 18 years of age and not a party to the legal action.
2. My residence or business address is (specify):
3. I served a copy of the foregoing Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income
(Governmental) and all attachments as follows (check either a or b for each person served):
a.
Personal delivery. I personally delivered a copy and all attachments as follows:
(1)
Name of party or attorney served:
(2)
Name of local child support agency served:
(a) Address where delivered:
(b) Date delivered:
(c) Time delivered:
b.
(a) Address where delivered:
(b) Date delivered:
(c) Time delivered:
Mail. I am a resident of or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope and
(a)
deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b)
placed the envelope for collection and mailing on the date and at the place shown below, following our
ordinary business practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope
with postage fully prepaid.
(2)
Name of party or attorney served:
(3)
Name of local child support agency served:
(a) Address where delivered:
(b) Date mailed:
(b) Date mailed:
(c) Place of mailing (city and state):
c.
(a) Address where delivered:
(c) Place of mailing (city and state):
Other (specify code section):
Additional page is attached.
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)
FL-640 [Rev. January 1, 2005]
(SIGNATURE OF PERSON WHO SERVED REQUEST)
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT
ORDER BASED ON PRESUMED INCOME
(Governmental)
Page 2 of 3
INFORMATION SHEET FOR NOTICE AND MOTION TO CANCEL (SET ASIDE)
SUPPORT ORDER BASED ON PRESUMED INCOME
These instructions are for parties other than the local child support agency. Please follow these instructions to complete the Notice
and Motion to Cancel (Set Aside) Support Order (form FL-640) if you do not have a lawyer to represent you. If you have a lawyer, he
or she will complete this form.
WARNING: Do not wait to file your motion. See a lawyer or the family law facilitator for help.
This form should be used only if your support order was based on presumed income and the presumed income is different
from your actual income. If you are not sure whether your order is based on presumed income, look at your copy of the Judgment
Regarding Parental Obligations (form FL-630). If the box for item 3 on the front of the judgment is checked, your support amount is
based on presumed income. If it is not checked, your support amount is based on income information that was available then, and you
should not use this form (FL-640). If you do not have a copy of the judgment, you can get one from either the court clerk or the local
child support agency office.
You must file the completed motion form and attachments with the court clerk within one year of the date of the first collection of
support. The address of the court clerk is the same as the one shown for the superior court on the Judgment Regarding Parental
Obligations (form FL-630). You may have to pay a filing fee. If you cannot afford to pay the filing fee, the court may waive it. For more
information about the filing fee and waiver of the filing fee, contact the court clerk. Keep three copies of the filed motion form and
its attachments. Serve one copy on the local child support agency and one copy on the other party. (See Information Sheet for
Service of Process, form FL-611.) The third copy is for your records.
INSTRUCTIONS FOR COMPLETING THE NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT ORDER BASED
ON PRESUMED INCOME FORM (TYPE OR PRINT FORM IN BLACK INK)
Page 1, first box, top of form, left side: Print your name, address, and telephone number in this box if they are not already there.
Page 1, second box, left side: Print your county’s name and the court’s address in this box. Use the same address for the court that is
on the Judgment Regarding Parental Obligations (form FL-630).
Page 1, third box, left side: Print the names of the petitioner/plaintiff, respondent/defendant, and other parent in this box. Use the same
names listed on the Judgment Regarding Parental Obligations (form FL-630).
Page 1, first box, top of form, right side: Leave this box blank for the court’s use.
Page 1, second box, right side: Print your case number in this box. This number is also on the Judgment Regarding Parental
Obligations (form FL-630).
1.
You must contact the court clerk's office and ask that a hearing date be set for this motion. The court clerk will give you the
information you need to complete this section.
2–3. These sections are asking the court to cancel your child support order and issue another one based on your actual income.
4.
Attach a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155),
or other information concerning income for any relevant years. Also, check the local rules of court for any local
requirements.
5.
You may file a completed Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)
(form FL-610). Usually you must file an Answer to Complaint with the court clerk within 30 days from the date you are served
with the complaint. Talk to a lawyer or the family law facilitator to understand your rights.
6.
You must list the address and phone numbers where you can receive all notices and court dates. You must let the court know
whenever your address changes. If the court does not have your current address, you may not receive important notices that
affect you.
You must date the form, print your name, and sign the form under penalty of perjury. When you sign the form, you are stating that the
information you have provided is true and correct.
Top of second page, box on left side: Print the names of petitioner/plaintiff, respondent/defendant, and other parent in this box. Use
the same names listed on page 1.
Top of second page, box on right side: Print your case number in this box. Use the same number as the one on page 1. Instructions
for completing the Proof of Service on page 2 of this form are in the Information Sheet for Service of Process (form FL-611). The
person who serves the motion and its attachments must fill out this section of the form. You cannot serve your own motion.
FL-640 [Rev. January 1, 2005]
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT
ORDER BASED ON PRESUMED INCOME
(Governmental)
Page 3 of 3
