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FL-640-INFO
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 Based on Presumed Income (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 (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). 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).
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.
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These sections are asking the court to cancel your child support order and issue another one based on your actual income.
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.
You may attach a completed Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental)
(form FL-610). Talk to a lawyer or the family law facilitator to understand your rights.
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-INFO [New January 1, 2012]
INFORMATION SHEET FOR NOTICE AND MOTION TO CANCEL
(SET ASIDE) SUPPORT ORDER BASED ON PRESUMED INCOME
(Governmental)
Page 1 of 1
Family Code, §§ 2330.1, 17400,
17428, 17430, 17432
www.courts.ca.gov
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