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.
Norwalk California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental Description: In Norwalk, California, individuals who are subject to a support order based on presumed income have the right to file a Notice and Motion to Cancel or Set Aside the support order. This legal process allows individuals to challenge and potentially modify their support obligations when there are grounds to dispute the presumed income calculation. When filing a Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental, it is important to understand the different types that exist to ensure accurate filing. Types of Norwalk California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental: 1. Notice and Motion to Cancel Supported by Governmental Evidence: This type of motion relies on presenting compelling evidence from a governmental source that contradicts or calls into question the accuracy of the presumed income calculation. Governmental evidence can include tax returns, social security records, unemployment benefits records, and other official documents that demonstrate an individual's actual income differs from the presumed income used in the support order. 2. Notice and Motion to Set Aside Based on Change in Circumstances: When there has been a significant change in circumstances since the support order was established, individuals can file a motion to set aside the order. This could arise from factors such as loss of employment, disability, or a substantial decrease in income. To support this motion, individuals must provide documentation highlighting the change in circumstances and how it affects their ability to meet the support obligations. 3. Notice and Motion to Set Aside Based on Non-Compliance with Legal Requirements: If it can be demonstrated that the support order was established without adhering to proper legal requirements, individuals can file a motion to set aside the order. This could include situations where the presumed income calculation was based on incorrect or incomplete information, or when due process was violated during the initial proceedings. Adequate evidence and legal arguments must be presented to support this type of motion. 4. Notice and Motion to Cancel Based on Expiration of Presumed Income Period: In some cases, a support order based on presumed income has a predetermined period of validity. Once that period expires, individuals can file a motion to cancel the order, particularly if their actual income during that time was substantially different from the presumed income. Proper documentation indicating the period's expiration and any relevant income changes must be provided in support of this motion. 5. Notice and Motion to Cancel Based on Inequity or Imbalance: If it can be shown that the support order based on presumed income results in an unjust or imbalanced situation, individuals can file a motion to cancel the order. This could occur when the presumed income significantly exceeds an individual's actual earnings or when other factors make the order unfair. Strong evidence supporting the inequity or imbalance must be presented to justify this type of motion. It is essential to seek legal counsel or consult relevant family law resources when preparing a Norwalk California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental. The success of the motion largely depends on the accuracy of the filing, the supporting evidence, and adherence to the applicable laws and regulations.Norwalk California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental Description: In Norwalk, California, individuals who are subject to a support order based on presumed income have the right to file a Notice and Motion to Cancel or Set Aside the support order. This legal process allows individuals to challenge and potentially modify their support obligations when there are grounds to dispute the presumed income calculation. When filing a Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income — Governmental, it is important to understand the different types that exist to ensure accurate filing. Types of Norwalk California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental: 1. Notice and Motion to Cancel Supported by Governmental Evidence: This type of motion relies on presenting compelling evidence from a governmental source that contradicts or calls into question the accuracy of the presumed income calculation. Governmental evidence can include tax returns, social security records, unemployment benefits records, and other official documents that demonstrate an individual's actual income differs from the presumed income used in the support order. 2. Notice and Motion to Set Aside Based on Change in Circumstances: When there has been a significant change in circumstances since the support order was established, individuals can file a motion to set aside the order. This could arise from factors such as loss of employment, disability, or a substantial decrease in income. To support this motion, individuals must provide documentation highlighting the change in circumstances and how it affects their ability to meet the support obligations. 3. Notice and Motion to Set Aside Based on Non-Compliance with Legal Requirements: If it can be demonstrated that the support order was established without adhering to proper legal requirements, individuals can file a motion to set aside the order. This could include situations where the presumed income calculation was based on incorrect or incomplete information, or when due process was violated during the initial proceedings. Adequate evidence and legal arguments must be presented to support this type of motion. 4. Notice and Motion to Cancel Based on Expiration of Presumed Income Period: In some cases, a support order based on presumed income has a predetermined period of validity. Once that period expires, individuals can file a motion to cancel the order, particularly if their actual income during that time was substantially different from the presumed income. Proper documentation indicating the period's expiration and any relevant income changes must be provided in support of this motion. 5. Notice and Motion to Cancel Based on Inequity or Imbalance: If it can be shown that the support order based on presumed income results in an unjust or imbalanced situation, individuals can file a motion to cancel the order. This could occur when the presumed income significantly exceeds an individual's actual earnings or when other factors make the order unfair. Strong evidence supporting the inequity or imbalance must be presented to justify this type of motion. It is essential to seek legal counsel or consult relevant family law resources when preparing a Norwalk California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income — Governmental. The success of the motion largely depends on the accuracy of the filing, the supporting evidence, and adherence to the applicable laws and regulations.
