Article 4 - Relief From Orders - California Family Code

Sections (4)

Added by Stats. 1999, Ch. 653, Sec. 6 (2nd text). Effective January 1, 2000. Note: Operational condition in subd. (d) was satisfied; AB 196 was enacted as Stats. 1999, Ch. 478.

(a)The court may, on any terms that may be just, relieve a party from a support order, or any part or parts thereof, after the six-month time limit of Section 473 of the Code of Civil Procedure has run, based on the grounds, and within the time limits, provided in this article.

(b)In all proceedings under this division, before granting relief, the court shall find that the facts alleged as the grounds for relief materially affected the original order and that the moving party would materially benefit from the granting of the relief.

(c)Nothing in this article shall limit or modify the provisions of Section 17432 or 17433.

(d)This section shall only be operative if Assembly Bill 196, of the 1999–2000 Regular Session, is enacted and becomes operative.

§ 3691

Amended by Stats. 2019, Ch. 115, Sec. 41. (AB 1817) Effective January 1, 2020.

The grounds and time limits for an action or motion to set aside a support order, or part thereof, are governed by this section and shall be one of the following:

(a)Actual fraud. Where the defrauded party was kept in ignorance or in some other manner, other than through the party’s own lack of care or attention, was fraudulently prevented from fully participating in the proceeding. An action or motion based on fraud shall be brought within six months after the date on which the complaining party discovered or reasonably should have discovered the fraud.

(b)Perjury. An action or motion based on perjury shall be brought

within six months after the date on which the complaining party discovered or reasonably should have discovered the perjury.

(c)Lack of Notice.

(1)When service of a summons has not resulted in notice to a party in time to defend the action for support and a default or default judgment has been entered against the party in the action, the party may serve and file a notice of motion to set aside the default and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event later than six months after the party obtains or reasonably should have obtained notice (A) of the support order, or (B) that the party’s income and assets are subject to attachment pursuant to the order.

(2)A notice of motion to set aside a support order pursuant to this subdivision shall be accompanied by an affidavit showing, under oath, that the party’s lack of notice in time to defend the action was not caused by avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.

(3)The court may not set aside or otherwise relieve a party from a support order pursuant to this subdivision if service of the summons was accomplished in accordance with existing requirements of law regarding service of process.

§ 3692

Added by Stats. 1999, Ch. 653, Sec. 6. Effective January 1, 2000.

Notwithstanding any other provision of this article, or any other law, a support order may not be set aside simply because the court finds that it was inequitable when made, nor simply because subsequent circumstances caused the support ordered to become excessive or inadequate.

§ 3693

Added by Stats. 1999, Ch. 653, Sec. 6. Effective January 1, 2000.

When ruling on an action or motion to set aside a support order, the court shall set aside only those provisions materially affected by the circumstances leading to the court’s decision to grant relief. However, the court has discretion to set aside the entire order, if necessary, for equitable considerations.