Ask the court to set aside a default child support judgment based on presumed income or earning capacity

Fill out 4 forms:

• Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (form FL-640) (you only need to fill out Page 1 now, Page 2 is for later)
• Income and Expense Declaration (form FL-150) (attach this to Form FL-640)
• Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-610) (attach this to Form FL-640)
• Declaration about Parent's Income or Earning Capacity During Judgment Periods (form FL-643) 

📘 For help with filling out these forms, read Information Sheet for Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (form FL-640-INFO).

Make 3 copies of everything. The originals are for the court. The copies are for you, the LCSA, and the other parent.

To file your forms with the court:

• Give the originals and the 3 sets of copies to the court clerk  

• The clerk will:  

  • Stamp the forms 

  • Write a hearing date on the Notice  

  • Keep the originals and return the copies to you 

After you file your Notice and get a court date, you must have a copy of the filed papers delivered to the LCSA and your child's other parent.

If you want the LCSA to serve the other parent for you

• 📅 Your server must send or deliver the papers to the local child support agency at least 30 days before your court date. If you meet this deadline, the LCSA will serve the other parent for you.
• If your server mails the papers to the LCSA, you must also fill out and file a Declaration Regarding Address Verification–Postjudgment Request to Modify a Child Custody, Visitation, or Child Support Order (form FL-334).
  • Check item 2 on the form. 

⚠️ If you miss this 30-day deadline

You will have to have the LCSA and your child's other parent served at least 16 court days before your court date.  You will have to add 5 calendar days if you are having the papers served by mail.

To calculate the deadline if you have to serve the LCSA and the other parent

Take out a calendar and find your court date (it’s listed on the first page of your Notice and Motion (for FL-640)). 

1. Count backwards on the calendar 16 court days (Monday to Friday, not including any court holidays). Your court date is not counted (so it’s day “0”). 

2. If you're serving in person, when you get to the 16th day, that's your deadline (if it's not a holiday or weekend, or the next day that the court would be open if it is).

   • If you're serving by mail, count back 5 calendar days after the 16 calendar days (these can be weekends or holidays).

Your server needs to mail or deliver the papers before the deadline.

If your spouse or the other parent lives out of state or in another country, the deadline is sooner.

• Out-of-State: Mail the papers 16-court days plus 10 calendar days before your court date 
• Outside the United States: Mail the papers 16-court days plus 20 calendar days before your court date.

The server fills out a Proof of Service.

They have two options:

1. Your server can fill out page 2 of your copy of form FL-640.
   • They can say who they served, how (in person or by mail), when and where.
   • Then fill out the Address verification form, if needed, and date and sign the form.
   • They return the form to you and you can file it with the court.
2. Your server fills out a separate proof of service form
   • If your server mailed the papers, they can use Proof of Service by Mail (form FL-335)
   • If your server served the papers in person, they can use Proof of Personal Service (form FL-330)

After the proof of service form is filled out:

• Make a copy of the signed form and file the original with the court at least 5 days before your hearing.

Before your court date

If this is the first time you've been in a courtroom, review some basic tips about how to plan for your day in court.

If you don't speak or understand English very well, you can ask for a court interpreter for your court date. Ask as soon as you get your court date.

On your court date

Go to your hearing at the date and time on your Notice. Child support hearings with the Local Child Support Agency (LCSA) are different than other types of family law hearings. For example

• A lawyer from the LCSA will be there
• A child support commissioner will decide your case not a judge

A child support commissioner is a lawyer with experience in child support laws. They are trained to make decisions in child support cases. 

⚠️ If you do not want the commissioner to decide your case, you or the other parent can object before the hearing. 

• If one of you objects, the commissioner will still make a decision. But, if you disagree with the decision, you can file a Notice of Objection (form FL-666). A judge will then review the decision at another hearing.