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.
Huntington Beach California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental In Huntington Beach, California, individuals facing support order obligations based on presumed income may utilize the Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental. This legal recourse allows individuals to request the cancellation or setting aside of support orders if they believe their income has been inaccurately presumed or improperly calculated. Support orders based on presumed income refer to situations where the court determines an individual's income for the purpose of establishing child support or spousal support obligations, despite limited or no verifiable income documentation. These orders are typically established by utilizing standard benchmarks or formulas, such as the state guidelines, to estimate an individual's income. The Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental provides a means for individuals to challenge these support orders, asserting that the presumed income used is incorrect, unfair, or not representative of their true financial situation. By filing this motion, individuals seek to have the order canceled or set aside, ultimately relieving them of the burden of paying support based on a potentially inaccurate or unjust determination of income. This legal process involves several steps. First, the individual must submit a Notice to the relevant court and all involved parties, including the other parent or the governmental agency responsible for enforcing the support order. The Notice should clearly state the grounds for the motion, emphasizing that the income presumed by the court is incorrect, leading to an unjust support obligation. After the Notice is filed, the individual must prepare and submit a Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental. This motion outlines the specific reasons why the support order should be canceled or set aside, providing substantial evidence to support the claims of incorrect income presumption. It is crucial to gather relevant documentation, such as income statements, tax returns, bank statements, or other financial records, to substantiate the argument that the presumed income is inaccurate. Once the motion is filed, a hearing will be scheduled, allowing both parties to present their arguments and evidence before a judge. During the hearing, it is essential to effectively communicate why the current support order should be canceled or set aside based on the presumed income being inaccurate or unfair. Providing detailed explanations, relevant documentation, and expert testimonies can greatly strengthen the case. In Huntington Beach, California, individuals may encounter different types of Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental petitions, depending on their specific circumstances. Some of these variations may include: 1. Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental for Self-Employed Individuals: Designed for individuals who have self-employment income, this motion emphasizes the unique complexities and challenges self-employed individuals face when determining their income for support order purposes. 2. Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental for Unemployment or Underemployment: Developed for individuals who are unemployed or underemployed, this motion aims to challenge support orders based on income presumptions that do not accurately reflect the individual's current financial situation. 3. Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental for Governmental Employees: Tailored for individuals employed in governmental positions, this motion addresses any discrepancies or incorrect presumptions of income based on specific regulations or policies applicable to the governmental sector. By utilizing the Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental in Huntington Beach, California, individuals can seek a fair resolution to any support orders that may be unjustly burdening them based on inaccurate or improper income presumptions.
