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 Bernardino California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income is a legal process within the San Bernardino County, California, aimed at terminating or modifying a support order that was established based on the assumption or presumption of the parent's income. This legal mechanism is available in cases where the presumed income used to calculate the support order no longer accurately reflects the actual income of the parent. When filing a Notice and Motion to Cancel — Set Aside — Support Order Based on Presumed Income in San Bernardino, it is crucial to follow the correct procedure and provide all the necessary information to the court. Failure to do so may result in delays or rejection of the motion. There are various situations in which individuals may consider filing this type of motion, including: 1. Change in Employment Status: If the parent has experienced a significant change in their employment status, such as job loss, reduction in work hours, or change in income structure (e.g. switching from full-time to part-time), they may seek to modify or cancel the support order based on the new circumstances. 2. Income Reduction or Increase: If there has been a substantial change in the parent's income, either due to a decrease or increase, that was not accounted for in the initial support order, they can file a motion to adjust the order accordingly. 3. Change in Custody or Parenting Time: If there has been a change in custody or parenting time arrangement, it may warrant a reassessment of the support order. For example, if the parent who was paying support now has primary custody, or if the parenting time has significantly increased, a modification or cancellation of the order may be necessary. To initiate the process, the party seeking to modify or cancel the support order must file a Notice and Motion with the appropriate family court in San Bernardino County. The document should clearly state the reasons for the requested modification or cancellation, provide evidence supporting the change in circumstances, and include any relevant financial documentation, such as pay stubs, tax returns, or recent financial statements. It is important to note that each case is unique, and the court will evaluate the motion based on the specific circumstances presented to them. The court's decision will be based on the best interests of the child and ensuring that the support order accurately reflects the financial capabilities of the parent. In summary, a San Bernardino California Notice and Motion to Cancel Decidedid— - Support Order Based on Presumed Income is a legal avenue available to parents who need to modify or cancel a support order that was initially established based on a presumed income. By following the proper procedure, providing compelling evidence, and presenting a strong case for change, individuals can seek a fair adjustment to the support order that reflects their current financial situation.
