Cecil Cianci Law

When Can Child or Spousal Support Orders Be Set Aside?

It is unfortunate that many California couples who get a divorce continue to engage in disagreement and dispute after the case has been completed. However, for a large faction of them, an inability to find common ground will continue to be problematic as they battle over post-divorce issues like spousal support and child support.

In some cases, there are motions or actions to set aside a support order in part or in full. Understanding the grounds and time limits for a request to set aside these orders is an important part of a case.

If there was actual fraud committed, the order can be set aside. The party that had been victimized by the fraud based on ignorance or in any other way apart from that person not paying attention or showing care about the proceeding can have the order thrown out. To bring an action for fraud, it must be done within six months from the complainant having discovered that fraud took place. If there was perjury, it is also justification to have the order set aside. This too must be brought in the six months post the date at which the complainant realized or discovered that perjury took place.

A lack of notice to defend an action for support and a default judgment having been entered is a reason to have the order set aside. When a motion is served and filed, it must be done in a reasonable timeframe, but not more than six months after the notice was obtained or should have been obtained or when the support order or that the income and assets were attached to pay the order. There must be an affidavit shown under oath that the lack of notice to defend the action was not because the person avoided or neglected it. The order may not be set aside or the party relieved from the order if a summons adhered to the law.

Support orders can be the source of significant friction between a couple after they have gotten a divorce. Since there are many issues that can arise and some parties will want to have the order set aside, it is wise to understand what the law says about doing so. A law firm that handles all areas of family law from divorce, child support, spousal support, and any divorce legal issues that arise before and after the case is completed should be called for advice on how to deal with this complex situation.

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