Family Code § 17432 - California Law

Current Version

Amended by Stats. 2023, Ch. 213, Sec. 20. (SB 343) Effective January 1, 2024. Inoperative January 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 21 of Stats. 2023, Ch. 213.

(a)In any action filed by the local child support agency pursuant to Section 17400, 17402, or 17404, the court may, on any terms that may be just, set aside that part of the judgment or order concerning the amount of child support to be paid. This relief may be granted after the six-month time limit of Section 473 of the Code of Civil Procedure has elapsed, based on the grounds, and within the time limits, specified in this section.

(b)This section shall apply only to judgments or orders for support that were based upon presumed income as specified in subdivision (d) of Section 17400 and that were entered after the entry of the default of the

defendant under Section 17430. This section shall apply only to the amount of support ordered and not that portion of the judgment or order concerning the determination of parentage.

(c)The court may set aside the child support order contained in a judgment described in subdivision (b) if the defendant’s income was substantially different for the period of time during which judgment was effective compared with the income the defendant was presumed to have. A “substantial difference” means that amount of income that would result in an order for support that deviates from the order entered by default by 10 percent or more.

(d)Application for relief under this section shall be filed together with an income and expense declaration or simplified financial statement or other

information concerning income for any relevant years. The Judicial Council may combine the application for relief under this section and the proposed answer into a single form.

(e)The burden of proving that the actual income of the defendant deviated substantially from the presumed income shall be on the party seeking to set aside the order.

(f)A motion for relief under this section shall be filed within one year of the first collection of money by the local child support agency or the obligee. The one-year time period shall run from the date that the local child support agency receives the first collection.

(g)Within three months from the date the local child support agency receives the first collection for any order

established using presumed income, the local child support agency shall check all appropriate sources for income information, and if income information exists, the local child support agency shall make a determination whether the order qualifies for set aside under this

section. If the order qualifies for set aside, the local child support agency shall bring a motion for relief under this section.

(h)In all proceedings under this section, before granting relief, the court shall consider the amount of time that has passed since the entry of the order, the circumstances surrounding the defendant’s default, the relative hardship on the child or children to whom the duty of support is owed, the caretaker parent, and the defendant, and other equitable factors that the court deems appropriate.

(i)If the court grants the relief requested, the court shall issue a new child support order using the appropriate child support guidelines currently in effect. The new order shall have the same commencement date as the order set aside.

(j)The Judicial Council shall review and modify any relevant

forms for purposes of this section. Any modifications to the forms shall be effective July 1, 2005. Prior to the implementation of any modified Judicial Council forms, the local child support agency or custodial parent may file any request to set aside a default judgment under this section using Judicial Council Form FL-680 entitled “Notice of Motion (Governmental)” and Form FL-684 entitled “Request for Order and Supporting Declaration (Governmental).”

(k)This section shall become inoperative on January 1, 2026, and, as of January 1,

2027, is repealed.

Future Version

Repealed (in Sec. 20) and added by Stats. 2023, Ch. 213, Sec. 21. (SB 343) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.

(a)In any action filed by the local child support agency pursuant to Section 17400, 17402, 17404, or 17404.1, the court may, on any terms that may be just, set aside that part of the judgment or order concerning the amount of child support to be paid. This relief may be granted after the six-month time limit of Section 473 of the Code of Civil Procedure has elapsed, based on the grounds, and within the time limits, specified in this section.

(b)This section shall apply only to judgments or orders for support that were based upon presumed income or earning capacity and that were entered

after the entry of the default of the support obligor as specified in Sections 17400, 17404.1, and 17430 or any predecessors of those sections in the Family Code or the Welfare and Institutions Code. This section shall apply only to the amount of support ordered and not that portion of the judgment or order concerning the determination of parentage or the

obligation of medical support or health insurance.

(c)(1) The court may set aside the child support order contained in a judgment described in subdivision (b) if the support obligor’s income or earning capacity was substantially different for the period of time during which judgment was effective compared with the income or earning capacity the support obligor was presumed to have.

(2)For purposes of this section, “substantially different” means that amount of income that would result in an order for support that deviates from the order entered by default by 10 percent or more.

(d)The court, in its discretion, may set aside and reinstate child support for all or partial relevant

periods of time depending on the income or earning capacity information available at the time the motion is filed. Relief setting aside the child support order for less than the full period of time that the judgment was effective shall not preclude a subsequent review within the timeframe provided pursuant to subdivision (g).

(e)Application for relief under this section shall be filed together with an income and expense declaration or simplified financial statement or other information concerning income or earning capacity for any relevant years. The Judicial Council may combine the application for relief under this section and the proposed answer into a

single form.

(f)The party seeking to set aside the order has the burden of proving that the actual income or earning capacity of the support obligor was substantially different from the presumed income or earning capacity.

(g)(1) A party to the action described in subdivision (a), including the local child support agency, may file a motion for relief pursuant to this section within two years of the local child support agency’s first collection of money through an earnings assignment order or an order or notice to withhold income for child support. The two-year time period shall run from the date that the local child support agency receives the first collection of money from one of the sources listed

in this subdivision. Immediately upon receipt of the first collection of money from an earnings assignment order or order or notice to withhold income for child support, the local child support agency shall notify the support

obligor and the support obligee in writing of the first collection, including the source of the collection, and the commencement of the two-year time period to file a motion for relief under this section.

(2)This subdivision does not prohibit any party to the action, including the local child support agency, from filing a motion for relief under this section prior to the commencement of the two-year time period.

(h)Within three months from the date the local child support agency receives the first collection for an order established using presumed income or earning capacity when the order was entered by default, the local child support agency shall check all appropriate sources for income information, and, if income information exists, the local child

support agency shall determine whether the order qualifies for set aside under this section. If the order qualifies for set aside, the local child support agency shall bring a motion for relief under this section. When a party to the action, including the local child support agency, has taken subsequent legal action to modify the support prospectively, but did not address a possible set aside under this section, the subsequent modification shall not preclude the filing of a potential set aside at a later date.

(i)In all proceedings under this section, before granting relief, the court shall consider the amount of time that has passed since the entry of the order, the circumstances surrounding the support obligor’s default, the relative hardship on the child or children to whom the duty of support is owed, the caretaker parent, and the support

obligor, and other equitable factors that the court deems appropriate.

(j)If the court grants the relief requested, the court shall issue a new child support order using the appropriate child support guidelines currently in effect. The new order shall have the same commencement date as the order set aside.

(k)This section shall become operative on January 1, 2026.