Relief from Child Support Orders

Division 9, Part 1, Chapter 6, Article 4 deals with relief from the modification, termination, or set aside of support orders in child custody cases.

Section 3690 authorizes a court to relieve a party from a support order, or any part or parts thereof, after the six-month time limit has run, based on the grounds, and within the time limits, provided in this article. In all proceedings under this division, before granting relief, the court must 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.

Section 3691 provides that 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 must be one of the following: actual fraud; perjury; or, lack of notice.

Section 3692 states that 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.

Section 3693 requires the court, when ruling on an action or motion to set aside a support order, to set aside only those provisions materially affected by the circumstances leading to the court’s decision to grant relief.