Information Sheet For Notice And Motion To Cancel (Set Aside) Support Order {FL-640-INFO}

FL-640-INFO - INFORMATION SHEET: NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT ORDER BASED ON PRESUMED INCOME OR EARNING CAPACITY. This form is used to ask the court to cancel (set aside) a default judgment that is based on earning capacity or presumed income. A default judgment is made when a party does not file an Answer and does not show up to court. Earning capacity is used when the court does not have information about a parent’s income, or the court believes the parent is underemployed. Before January 1, 2026, courts used presumed income when actual income was unknown, which was minimum wage at 40 hours every week. You can only use this form if your actual income or earning capacity was different from the amount of earning capacity or presumed income that was used to make a decision about child support. Judicial Council of California, Optional Form. Family Code, §§ 4007.5, 17526. www.FormsWorkflow.com