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California Family Code Section 3691

Legal Research Home > California Laws > Family Code > California Family Code Section 3691

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.

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Last modified: March 17, 2014