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.
San Diego California Order After Hearing on Motion to Set Aside Support refers to a legal proceeding that takes place in San Diego, California, where a party seeks to have a support order or judgment overturned. This type of motion is filed when there are significant circumstances or newly discovered evidence that could impact the validity or enforceability of the support order. In San Diego, there are generally two types of support orders that a party can seek to set aside: child support and spousal support. Child support refers to the financial support provided by a noncustodial parent to assist in the upbringing of their child. Spousal support, on the other hand, refers to the financial assistance provided by one spouse to the other following a divorce or separation. When filing a motion to set aside a support order in San Diego, several factors need to be taken into consideration. These may include: 1. Adequate Legal Grounds: The party seeking to set aside the support order must provide valid legal grounds, such as fraud, duress, mistake, or substantial change in circumstances that prevented a fair determination of support. 2. Timely Filing: The motion must be filed within a specific timeframe, often within a reasonable time after the party discovers the basis for setting aside the support order. 3. Notice to Opposing Party: The opposing party needs to be properly served with notice of the motion to set aside the support order, giving them an opportunity to respond and present their arguments. 4. Supporting Evidence: The party seeking to set aside the support order must present convincing evidence to support their claims, which may include documents, affidavits, financial records, or witness testimony. 5. Judicial Evaluation: The court will evaluate the evidence, arguments, and legal merits of the motion. The judge will determine whether the circumstances justify setting aside the support order and may consider the best interests of any involved children. If the San Diego court grants the motion to set aside support, it means that the previous support order or judgment will no longer be enforceable. This could lead to a modification or termination of the support obligation, depending on the circumstances. In conclusion, a San Diego California Order After Hearing on Motion to Set Aside Support involves a legal process where a party seeks to have a support order or judgment overturned. It requires adequate legal grounds, timely filing, notice to the opposing party, supporting evidence, and judicial evaluation. Child support and spousal support are the two main types of support orders that can be set aside.San Diego California Order After Hearing on Motion to Set Aside Support refers to a legal proceeding that takes place in San Diego, California, where a party seeks to have a support order or judgment overturned. This type of motion is filed when there are significant circumstances or newly discovered evidence that could impact the validity or enforceability of the support order. In San Diego, there are generally two types of support orders that a party can seek to set aside: child support and spousal support. Child support refers to the financial support provided by a noncustodial parent to assist in the upbringing of their child. Spousal support, on the other hand, refers to the financial assistance provided by one spouse to the other following a divorce or separation. When filing a motion to set aside a support order in San Diego, several factors need to be taken into consideration. These may include: 1. Adequate Legal Grounds: The party seeking to set aside the support order must provide valid legal grounds, such as fraud, duress, mistake, or substantial change in circumstances that prevented a fair determination of support. 2. Timely Filing: The motion must be filed within a specific timeframe, often within a reasonable time after the party discovers the basis for setting aside the support order. 3. Notice to Opposing Party: The opposing party needs to be properly served with notice of the motion to set aside the support order, giving them an opportunity to respond and present their arguments. 4. Supporting Evidence: The party seeking to set aside the support order must present convincing evidence to support their claims, which may include documents, affidavits, financial records, or witness testimony. 5. Judicial Evaluation: The court will evaluate the evidence, arguments, and legal merits of the motion. The judge will determine whether the circumstances justify setting aside the support order and may consider the best interests of any involved children. If the San Diego court grants the motion to set aside support, it means that the previous support order or judgment will no longer be enforceable. This could lead to a modification or termination of the support obligation, depending on the circumstances. In conclusion, a San Diego California Order After Hearing on Motion to Set Aside Support involves a legal process where a party seeks to have a support order or judgment overturned. It requires adequate legal grounds, timely filing, notice to the opposing party, supporting evidence, and judicial evaluation. Child support and spousal support are the two main types of support orders that can be set aside.
