California Child Support Guide / Starting a case and challenging a default
A default child support judgment may be challenged only through an appropriate legal procedure supported by facts and a recognized ground for relief. The available remedy and deadline depend on the reason for the challenge. Improper service, lack of notice, fraud, mistake, and a qualifying presumed-income default are not interchangeable claims.
Obtain the complete court file promptly. A current modification request may address future support without undoing the earlier judgment.
Collect the summons and complaint, proof of service, proposed judgment, entered judgment, notices, and payment history. Record when you first learned of the case and any later appearances or filings.
The court record may show events you do not remember or documents you never received. Review it before assuming the only issue is the amount.
If the judgment also establishes parentage, identify that separately. Relief from a support amount does not necessarily set aside legal parentage.
Compare the proof of service with where you lived or worked, who received the papers, and any follow-up mailing. Preserve records supporting your account.
Substituted service can be legally effective when its requirements are met. The fact that papers were handed to another person does not by itself prove invalid service.
Conversely, a materially false proof of service can raise serious due-process issues. The remedy depends on the facts and governing law. Do not assume every old judgment is either untouchable or automatically void.
California Courts describes a set-aside procedure for a default support judgment based on presumed income or earning capacity. The guide identifies form FL-630, item 3, as a place to check the basis of the judgment.
Under Family Code section 17432, operative January 1, 2026, the income or earning capacity evidence must produce a support order that differs from the default order by at least 10 percent. The test is a difference in the resulting support amount, not simply a 10-percent difference in income. The person seeking relief bears the burden of proving the qualifying discrepancy for the relevant period.
The motion generally must be filed within two years after the local agency receives its first collection through an earnings assignment or other specified income-withholding order or notice. Obtain the agency’s first-collection records and written notice. Form FL-640 is used with the required income information, including records for the relevant years. These requirements govern this remedy, not every possible challenge to a judgment.
Section 17432 addresses the support amount in qualifying defaults based on presumed income or earning capacity. It does not itself set aside parentage or the medical-support or health-insurance obligation. The court considers the circumstances of the default, delay, hardship, and other equitable factors; meeting the numerical threshold does not make relief automatic.
If relief is granted, section 17432 provides for a replacement support order using the applicable guideline, with the commencement date of the order set aside. By contrast, section 17430(e) provides prospective review and modification procedures for a specified category of earning-capacity defaults. A review under that provision is not the same as vacating the earlier amount. An ordinary prospective modification does not by itself dispose of a separate, timely section 17432 claim.
Family Code sections 3690 through 3693 address specified grounds for setting aside support orders. Other procedural provisions may be relevant depending on the judgment and claim.
An order being unfavorable or based on information you now wish you had supplied is not, by itself, a sufficient legal ground. Identify the statutory basis, required facts, deadline, and requested relief.
Obtain advice before filing if personal jurisdiction or service objections are involved. The effect of prior participation may need analysis.
If the challenge concerns presumed income, current pay stubs alone may not establish historical earnings. Gather records for the period covered by the judgment.
Use tax returns, payroll records, benefit statements, employment history, and business records as appropriate. Explain gaps and unusual circumstances.
A request to recalculate an earlier period should show what the accurate figure would have been, not merely criticize the old assumption.
Filing a challenge does not necessarily stop collection. Determine whether separate relief is required and whether a current modification request is also appropriate.
Keep paying as required unless a legally effective order changes the obligation. Do not assume a caseworker’s willingness to review records vacates the judgment.
Possibly under particular grounds, but deadlines and prior participation can be decisive. Obtain prompt case-specific advice.
Not necessarily. Parentage has separate rules.
A court judgment requires the appropriate legal action.
Edgar & Dow reviews service records, default judgments, and the available procedures for support-related relief.
This article provides general information about California law. For advice about your case, contact Edgar & Dow at 951-684-6885.
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