FL-640-INFO - Information Sheet: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (Governmental)

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Information Sheet: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (Governmental)

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Form ID: FL-640-INFO
Title: Information Sheet: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (Governmental)
Effective Date: 2026-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tagalog, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-640-INFO
Primary Download URL: https://www.courts.ca.gov/documents/fl640info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl640infoc.pdf, https://www.courts.ca.gov/documents/fl640infok.pdf, https://www.courts.ca.gov/documents/fl640infos.pdf, https://www.courts.ca.gov/documents/fl640infot.pdf, https://www.courts.ca.gov/documents/fl640infov.pdf
Form Detail Page:
Information Sheet: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (Governmental)
(FL-640-INFO)
Explains how to tell the judge that the child support amount was based on more money than you were actually making at the time.
Get form FL-640-INFO
汉语
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(Korean)
español
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(Spanish)
Tagalog
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Tiếng Việt
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(Vietnamese)
Effective: January 1, 2026
PDF Text:
Judicial Council of California, 
Rev. January 1, 2026, Optional Form  
Fam. Code, §§ 4007.5, 17526 
Information Sheet: Notice and Motion to Cancel 
(Set Aside) Support Order Based on Presumed 
Income or Earning Capacity  
(Governmental) 
FL-640-INFO, Page 1 of 3
FL-640-INFO Information Sheet: Notice and Motion to Cancel (Set Aside) 
Support Order Based on Presumed Income or Earning Capacity
INSTRUCTIONS
Who can use this form?
Either parent or the local child support agency can use this 
form.
Fill out this form yourself if you do not have an attorney to 
represent you. If you have an attorney, your attorney will 
need to fill out this form. 
What do I use this form for?
Use this form 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. 
Is there a deadline to ask for a judgment to be 
canceled or set aside? 
Yes, you must file this request within two years from the 
date that the first child support payment made by wage 
garnishment was received by the local child support 
agency. 
How do I fill out this form?
1 Fill out the caption. The caption is the box at the top 
left of the first page. Put your name, address, and 
telephone number in the top left part of the box if they 
are not already there. You will also need to put 
information about the local child support agency, the 
other parent, case number, and the court name and 
address in the caption. Look at Judgment Regarding 
Parental Obligations (Governmental) (form FL-630) in 
your case to help you fill out this information.
2 Contact the court clerk to ask for a hearing date. You 
can find information about how to contact the court at
.
3 Fill out an Income and Expense Declaration (form 
FL-150) or Financial Statement (Simplified) (form 
FL-155) to give the court information about your 
current income and expenses. Attach this form to the 
Motion. 
.
Find forms FL-150 and FL-155 at
4 You may fill out a Declaration About Parent’s Income 
or Earning Capacity During Judgment Periods 
(FL-643) to give the court information about your 
actual income and expenses during the time period 
covered by the Judgment. 
Find form FL-643 at
.
5 You might also want to attach Answer to Complaint or 
Supplemental Complaint Regarding Parental
Obligations (Governmental) (form ) to give the 
court more information. Talk to a lawyer or your 
family law facilitator for more information.
6 Fill out your contact information so the court can get in 
touch with you about this motion.
7 Sign and date your Motion.

Rev. January 1, 2026 Information Sheet: Notice and Motion to Cancel 
(Set Aside) Support Order Based on Presumed 
Income or Earning Capacity  
(Governmental) 
FL-640-INFO, Page 2 of 3
FL-640-INFO Information Sheet: Notice and Motion to Cancel (Set Aside) 
Support Order Based on Presumed Income or Earning Capacity
8 Fill out the box at the top of the second page. Use the 
same information printed in the caption box on page 1 
of form FL-640. Make sure to leave the rest of the  
page blank. You do not fill out this page. The person 
who serves the Motion will fill this out. Look at the  
“What do I do after I fill out the form?” section of 
these instructions for more information.
What do I do after I fill out the form?
1 Make copies.
Fill out the box at the top of the second page. Use the 
same information printed in the caption box on page 1 
of form FL-640. Make at least 3 copies of the papers: 
one for yourself, one to send to the local child support 
agency, and one to send to the other parent if the other 
parent is a party in the case. 
2 Have someone give a copy of the Motion to 
the local child support agency and the other 
parent if necessary.
The local child support agency and, in some situations, 
the other parent must be given a copy of any 
documents that you file. This is called service. You 
cannot serve your own Motion.
To serve these documents, you must ask someone who 
is 18 or older and not a part of the case to mail or hand 
deliver the documents to the local child support 
agency. If the other parent is a part of the case, the 
person serving the motion must also mail or hand 
deliver them to the other parent. If the documents are 
mailed to the other parent, the person serving the 
documents will need to state on the proof of service 
how the mailing address of the other parent was 
verified as their current address.   
If you do not know the other parent’s current mailing 
address, the person serving the documents can mail 
extra copies of the documents to the local child 
support agency. They will send the copies to the other 
parent. The local child support agency must receive 
the documents at least 30 days before the hearing if 
you want them to send the Motion to the other parent.  
The person who serves the Motion will need to fill out 
the “Proof of Service” section on page 2 of the form. 
3 File your Motion with the court.
There is no fee to file this Motion.
You can file in person, by mail, or electronically (if 
available at your court).
If you file in person:
Take your original Notice and Motion form and your 
copies to the court. Look at the top of the Notice and 
Motion in your case to find the court’s address:
Give your original Motion form and copies to the court 
clerk. The clerk will: 
l Stamp your forms; and
l Keep the original and give the copies back to you.
If you file by mail:
l Mail your original Motion form and your copies to 
the court. Look at the top of the Notice and Motion 
in your case to find the court’s address:
l Send a self-addressed stamped envelope with your 
forms.  If you do not include a self-addressed 
stamped envelope, you will have to go to the 
courthouse to pick up your copies. 
You may be able to file electronically:
l Look at your court’s website to see if you can file 
electronically. Visit
.

Rev. January 1, 2026 Information Sheet: Notice and Motion to Cancel 
(Set Aside) Support Order Based on Presumed 
Income or Earning Capacity  
(Governmental) 
FL-640-INFO, Page 3 of 3
FL-640-INFO Information Sheet: Notice and Motion to Cancel (Set Aside) 
Support Order Based on Presumed Income or Earning Capacity
What happens next?
Go to your court hearing.
If you do not go, the court may not cancel and 
recalculate the child support order in your case. 
How can I get free help?
Every county has a family law facilitator that can:
l Explain the legal process;
l Give you free legal forms; and
l Help you fill out court papers.
Depending on your county, the facilitator may help you in 
person, online, or by phone. You can find the facilitator in 
your county here:
.
Ask for a Disability Accommodation Request.
If you have a disability and need an 
accommodation while you are at court, you 
can use form  to make your
request. For more information, see
form .

Retrieval chunks

• #1

  Form ID: FL-640-INFO Title: Information Sheet: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (Governmental) Effective Date: 2026-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tagalog, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-640-…

• #2

  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. Is there a deadline to ask for a judgment to be canceled or set …

• #3

  page blank. You do not fill out this page. The person who serves the Motion will fill this out. Look at the “What do I do after I fill out the form?” section of these instructions for more information. What do I do after I fill out the form? 1 Make copies. Fill out the box at the top of the second page. Use the …

• #4

  the court. Look at the top of the Notice and Motion in your case to find the court’s address: l Send a self-addressed stamped envelope with your forms. If you do not include a self-addressed stamped envelope, you will have to go to the courthouse to pick up your copies. You may be able to file electronically: …