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FL-640Mandatory

Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income

California · Judicial Council of California · Effective January 1, 2026

This form is used to ask the judge to cancel or change a child support order if that order was based on an income that was higher than what the person actually earned. It asks the court to issue a new order based on the real income or what the law allows.

The court describes it as: Tells the judge that the child support amount was based on more money than you were actually making at the time.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Stage: Motions

This form is used when a child support order was set by default and was based on an income estimate (presumed income) that does not match the actual income or earning ability of the parent who was supposed to pay support.

Either party may file.

Common questions

What is this form for?
This form is a Notice and Motion to Cancel (Set Aside) Support Order. It asks the court to change a support order if it was based on an income that was too high.
Do I need to attach other forms?
The form mentions attaching an Income and Expense Declaration (form FL-150) or a Financial Statement (Simplified) (form FL-155), or other income information.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2026.

Related forms

  • FL-150

    Income and Expense Declaration

    This form asks for detailed financial information about income, expenses, and assets for both parties involved in a case. The court uses this information to help make orders regarding support payments and other costs.

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  • FL-155

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    This form asks for detailed financial information about income and expenses for both parents. It is used to give the court and the other parent financial details that the court will look at when making child support orders.

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  • FL-334

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    Income Withholding for Support—Instructions

    This form provides instructions for using the Income Withholding for Support form (FL-195). It explains who fills out the form, what information is needed, and how the form is used to tell an employer to take money out of someone's paycheck for support payments.

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  • FL-235

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