Q: How do I file a motion to set aside the court order that obligated me to pay child support.
Me and the mother lived together when the order was put in by the clerk. She also received welfare without my knowledge during that time frame .she told the welfare office I didn't live in the home. Fraud?
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- California
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- Answered
A:
To file a motion to set aside a child support order in California, you can follow these general steps:
Fill out the Request for Order form, which can be found on the California Courts website.
Check the box for "modification of child, spousal, or family support."
Fill out the form with as much detail as possible, explaining why you believe the child support order should be set aside.
File the form with the court clerk in the same county where the original child support order was issued.
Serve a copy of the filed form on the other parent, according to the rules for service in California.
Attend the court hearing for the motion, and be prepared to present evidence and arguments supporting your request.
Regarding the welfare issue you mentioned, if you believe the mother committed fraud in order to receive welfare benefits, you may want to report this to the appropriate agency. However, it may not have a direct impact on your motion to set aside the child support order, as that will likely be based on the circumstances of the original order and any subsequent changes.
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