Information Sheet: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (Governmental)
California · Judicial Council of California · Effective January 1, 2026
This form is used to ask the court to cancel or change a child support order if that order was based on an income or earning ability that is no longer accurate. It is for situations where the actual income or earning ability was different from what was used to make the original decision.
The court describes it as: Explains how to tell the judge that the child support amount was based on more money than you were actually making at the time.
Where this fits in a case
MotionsStage: Motions
This form is used when a child support order was set based on a presumed income or earning capacity, but the person filing the form believes their actual income or earning capacity has changed. There is a deadline of two years from the date of the first wage garnishment payment to file this request.
Either party may file.
Common questions
- Who can use this form?
- Either parent or the local child support agency can use this form. If you do not have a lawyer, you must fill it out yourself.
- What does this form ask the court to do?
- It asks the court to cancel or set aside a default judgment that was based on earning capacity or presumed income.
- Is there a fee to file this form?
- The instructions state that there is no fee to file this Motion.
Revision history
No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2026.
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