SECTIONS 3690-3693 - California Statutes

FAMILY.CODE

SECTION 3690-3693

3690. (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 11356 or 11356.2 of the Welfare and Institutions Code.
(d) This section shall not be operative if Assembly Bill 196, of
the 1999-2000 Regular Session, is enacted and becomes operative.

3690. (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. The grounds and time limits for an action or motion to set
aside a support order, or any part or parts 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 his or her 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 him or her in the action,
he or she 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 his or her 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. 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. 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.