This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.
Costa Mesa California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental Costa Mesa, California has a specific procedure for individuals seeking to cancel or set aside a support order based on presumed income. This process allows individuals to challenge an existing support order where the income of the supporting party was presumed rather than proven. Whether you are the supporting party or the supported party, it is important to understand the steps involved in filing a Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental. The notice and motion to cancel or set aside a support order based on presumed income involves various key steps and requirements. It is essential to familiarize yourself with these terms and procedures if you wish to pursue this legal action effectively. First, the process begins with the filing of a Notice, which is a formal document notifying the court and the opposing party about your intention to cancel or set aside the support order. The Notice must contain specific information about the case, including the names of the parties involved, the case number, and a clear statement of the relief sought — in this case, cancellation or setting aside the support order. Along with the Notice, a Motion must be filed. The Motion is a formal request to the court for specific action, such as canceling or setting aside the support order. The Motion should outline the basis for your request, primarily focusing on the fact that the support order was based on presumed income rather than actual proof of income. The legal grounds for canceling or setting aside a support order based on presumed income in Costa Mesa, California, can vary depending on different circumstances. Common reasons include newly discovered evidence that shows the supporting party's actual income is significantly different from what was presumed, changes in the supporting party's financial situation, or the court's error in calculating income. It is important to note that there might be different types of Costa Mesa California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental, each addressing specific situations: 1. Notice and Motion to Cancel Support Order Based on Presumed Income: This type of motion is filed when the supporting party believes that the support order should be canceled due to incorrect presumptions made about their income. 2. Notice and Motion to Set Aside Support Order Based on Presumed Income: This motion is filed when the supported party believes that the support order should be set aside because the presumed income of the supporting party was not accurate or fair. 3. Notice and Motion to Modify Support Order Based on Presumed Income: In cases where the supporting party's income has changed significantly, this motion is filed to request a modification to the existing support order rather than complete cancellation or setting aside. To strengthen your case, it is recommended to gather supporting evidence such as financial records, pay stubs, tax returns, or any other relevant documentation that proves the inaccuracies in the presumed income determination or significant changes in income. In conclusion, the Costa Mesa California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental provides a legal avenue for individuals to challenge and potentially cancel or set aside support orders that were established based on presumed income. It is crucial to carefully follow the correct procedures and provide convincing evidence to support your claim. Consulting with a knowledgeable family law attorney in Costa Mesa can help navigate this complex legal process effectively.
