Ask the judge to set aside a judgment or order for support

Fill out the Request for Hearing and Application to Set Aside Support Order (form FL-360)

• For help with item 3, you can find out more about the reasons in Legal reasons to set aside an order.

You will need to complete item 5 on page 2, “Facts to Support". If you need more space to explain what happened, you can use Declaration (form MC-030). Title the Declaration "Attachment to Item 5". 

If you are asking to set aside a default judgment or an order where you never filed a response, you should include a proposed response. If the judge decides to set aside the judgment or order, then the judge will order that your proposed response becomes the official response (it gets filed).

For example, if you are asking to set aside a child support judgment in a case started by the Department of Child Support Services, you would fill out and attach an Answer to Complaint or Supplemental Complaint Regarding Parental Obligations (form FL-610). 

Make at least 2 copies of everything. The original is for the court. The copies are for you and the other side. If the Local Child Support Agency is part of your case, you will need to make a copy for them.

To file your forms with the court:

• Give the original and the 2 copies to the court clerk  

• Pay a $60 fee (unless you’ve gotten a fee waiver). If this case was started by the Department of Child Support Services, or they're involved, you may not have to pay a fee. 

There may be other fees. If you can't afford the fee, you can ask for a fee waiver. 

The clerk will:  

• Stamp the forms 

• Write a hearing date on the Request form 

• Keep the original form and return the copies to you