(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).”