FL-640 - Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income

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Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income

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Form ID: FL-640
Title: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income
Effective Date: 2026-01-01
Mandatory Form: yes
Languages: 汉语, 한국어, español, Tagalog, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-640
Primary Download URL: https://www.courts.ca.gov/documents/fl640.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl640info.pdf, https://www.courts.ca.gov/documents/fl640c.pdf, https://www.courts.ca.gov/documents/fl640k.pdf, https://www.courts.ca.gov/documents/fl640s.pdf, https://www.courts.ca.gov/documents/fl640t.pdf, https://www.courts.ca.gov/documents/fl640v.pdf
Form Detail Page:
Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income
(FL-640)
Tells the judge that the child support amount was based on more money than you were actually making at the time.
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Get instructions for form FL-640
汉语
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(Chinese Simplified)
한국어
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(Korean)
español
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(Spanish)
Tagalog
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(Tagalog)
Tiếng Việt
Get form FL-640 in Vietnamese
(Vietnamese)
Effective: January 1, 2026
PDF Text:
Page 1 of 2
Form Adopted for Mandatory Use 
Judicial Council of California 
FL-640 [Rev. January 1, 2026]
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT 
ORDER BASED ON PRESUMED INCOME OR EARNING CAPACITY 
(Governmental)
Family Code, §§ 2330.1, 17400, 
17428, 17430, 17432
FL-640
GOVERNMENTAL AGENCY (under Family Code, §§ 17400, 17406) OR 
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
TELEPHONE NO.: FAX NO. (Optional):
EMAIL ADDRESS (Optional):
     ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
OTHER PARENT/PARTY:
FOR COURT USE ONLY
NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT ORDER 
BASED ON PRESUMED INCOME OR EARNING CAPACITY
CASE NUMBER:
If the support order was entered by default and is based on presumed income or earning capacity, you may file this motion 
and ask the court to cancel (set aside) the support order. If the court agrees with you, the court will issue another order 
based on the actual income, earning capacity, or income allowable by law. You must file the original of this motion and the 
attachments with the court clerk within two years from the date the first collection of support made by wage garnishment was 
received by the local child support agency and serve a copy on all other parties in this case. Keep a copy of this motion for 
your records.
1. To: Petitioner Respondent Local child support agency Other (specify):
A hearing on this motion will be held as follows (see instructions on how to get a hearing date):
a. Date: Time: Dept.: Div: Room:
b. Address of court is same as noted above other (specify):
2. I am asking the court to cancel (set aside) the child support order in this case.
3. I am asking the court to issue another order because the current order was entered by default and is based on presumed income or 
earning capacity that is different from the actual income or earning capacity of the parent ordered to pay support.
4. Attached is an Income and Expense Declaration (form FL-150) or a Financial Statement (Simplified) (form FL-155), or other 
information concerning income for any relevant years.
5. Attached is my proposed Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (Governmental) 
(form FL-610).
6. My address and telephone number for receipt of all notices and court dates are as follows:
Address:
City, state, and zip code:
Home telephone:
Work telephone:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF PARTY OR ATTORNEY)
This case may be referred to a court commissioner for hearing. By law, court commissioners do not have the authority to 
issue final orders and judgments in contested cases unless they are acting as temporary judges. The court commissioner in 
your case will act as a temporary judge unless, before the hearing, you or any other party objects to the commissioner acting 
as a temporary judge. The court commissioner may still hear your case to make findings and recommendations to a judge. 
However, if you object to the recommended order in writing within 10 days (use Notice of Objection (Governmental) (form 
)), a judge will enter a temporary order and review your case before a final order is entered.

FL-640 [Rev. January 1, 2026] NOTICE AND MOTION TO CANCEL (SET ASIDE) SUPPORT 
ORDER BASED ON PRESUMED INCOME OR EARNING CAPACITY 
(Governmental)
Page 2 of 2
FL-640
PETITIONER:
RESPONDENT:
OTHER PARENT/PARTY:
CASE NUMBER:
PROOF OF SERVICE
1. At the time of service I was at least 18 years of age and not a party to the legal action.
2. My residence or business address is (specify):
3. I served a copy of the foregoing Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning 
Capacity (Governmental) and all attachments as follows (check either a, b, or c for each person served):
a. Personal delivery. I personally delivered a copy and all attachments as follows:
(1) Name of party or attorney served:
 
(a) Address where delivered:
(b) Date delivered:
(c) Time delivered:
(2) Name of party or attorney served:
 
(a) Address where delivered:
(b) Date delivered:
(c) Time delivered:
b. Mail. I am a resident of or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope and
(a) deposited the sealed envelope with the U.S. Postal Service with the postage fully prepaid.
(b) placed the envelope for collection and mailing on the date and at the place shown below, following 
our ordinary business practices. I am readily familiar with this business’s practice for collecting and 
processing correspondence for mailing. On the same day that correspondence is placed for collection 
and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in a sealed 
envelope with postage fully prepaid.
(2) Name of party or attorney served:
 
(a) Address where delivered:
(b) Date mailed:
(c) Place of mailing (city and state):
(3) Name of local child support agency served:
 
(a) Address where delivered:
(b) Date mailed:
(c) Place of mailing (city and state):
(4) Address Verification (please specify):
(a) I served a request to modify a child custody, visitation, or child support judgment or permanent order, which 
included an address verification declaration (Declaration Regarding Address Verification—Postjudgment 
Request to Modify a Child Custody, Visitation, or Child Support Order (form FL-334) may be used for this 
purpose).
(b) The address for each individual identified in items 3a and 3b was
(i) verified by the California Child Support Enforcement System (CSE) as the current primary mailing 
address on file.
(ii) Other (specify):  
c. Other (specify code section):  
Additional page is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME)
 (SIGNATURE OF PERSON WHO SERVED MOTION)

Retrieval chunks

• #1

  Form ID: FL-640 Title: Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income Effective Date: 2026-01-01 Mandatory Form: yes Languages: 汉语, 한국어, español, Tagalog, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-640 Primary Download URL: https://www.courts.ca.gov/documents…

• #2

  attachments with the court clerk within two years from the date the first collection of support made by wage garnishment was received by the local child support agency and serve a copy on all other parties in this case. Keep a copy of this motion for your records. 1. To: Petitioner Respondent Local child support ag…

• #3

  1. At the time of service I was at least 18 years of age and not a party to the legal action. 2. My residence or business address is (specify): 3. I served a copy of the foregoing Notice and Motion to Cancel (Set Aside) Support Order Based on Presumed Income or Earning Capacity (Governmental) and all attachments as…