3650–3693: Modification, Termination, and Set Aside Orders
If you’re involved in a divorce or custody case, financial support is likely one of your biggest concerns. And even after a support order is in place, life changes. You might lose your job, gain new responsibilities, or discover issues with how the order was made. California law recognizes that support arrangements may need to change over time, and Family Code Sections 3650 – 3693 provide the rules for how to modify, terminate, or challenge existing support orders.
Whether you’re seeking a fair adjustment or trying to respond to a change requested by the other party, understanding these laws is the first step toward managing support obligations legally and effectively.
3650–3654: General Rules for Modifying or Terminating Support Orders
The law allows support orders for child, spousal, or family support to be modified or terminated when circumstances justify it. According to section 3651, the court can make changes at any time, unless the parties have agreed in writing or in court that spousal support is nonmodifiable.
If a parent is called to active military duty and deployed out of state, they can ask the court to change their support order to reflect their reduced income. Special rules protect service members, including the right to delay proceedings and prevent penalties or interest from building up if they act in good faith (section 3651c). This ensures fairness for parents serving in the military while also protecting the needs of the family left behind.
Importantly, courts generally cannot retroactively change the amount of support owed before a formal request is filed unless specific exceptions apply, such as deployment, unemployment, or court-approved good cause (section 3653). If an overpayment results from a retroactive change, the court may allow reimbursement, considering factors like financial impact and fairness.
Parties can also request that a court include a written explanation, or statement of decision, when it modifies or ends a support order (section 3654). This can be helpful if either side wants to appeal or understand the reasoning behind the change.
3660–3668: Discovery Before Commencing Modifications or Termination Proceedings
Before starting a support modification case, you may need information about the other party’s current financial situation. California offers a cost-effective discovery process for this purpose, outlined in section 3660.
Either party can request the other to complete an updated income and expense declaration. If no response is given within 35 days, the requesting party may contact the other person’s employer to verify income and benefits (section 3664). However, privacy protections are built into this process, and the person whose employer is contacted can object or ask the court to limit the request.
Tax returns must also be shared with the income and expense declaration, and both sides are expected to act in good faith. If someone provides incomplete or dishonest financial information, the court may order them to pay the other party’s legal costs related to fixing the problem (section 3667).
This article ensures that parents and former spouses can fairly evaluate whether a support order still makes sense before launching a formal court case.
3680–3680.5: Simplified Procedure for Modification of Support Order
Recognizing that legal procedures can be overwhelming, especially for people without lawyers. California created a simplified process to modify support orders. Section 3680 directs the Judicial Council to provide plain-language forms and instructions for people who need to update a support order due to changed financial circumstances.
Section 3680.5 assigns a proactive role to local child support agencies. If you’re receiving help through public assistance programs like CalWORKs, the local agency must review your case at least every three years and request changes if the current support order no longer fits your situation.
This system helps ensure that support orders are updated in a timely and accessible way, especially for parents who might not have the resources to hire an attorney.
3690–3693: Relief From Orders
Sometimes, modifying a support order isn’t enough. There may be a need to undo it altogether. Article 4 gives the court the power to set aside a support order in specific situations. This is different from a modification. Instead of changing the order going forward, the court removes part or all of it as if it were never made.
According to section 3691, there are only three valid reasons to set aside a support order:
- Fraud – When someone was intentionally kept in the dark or misled in a way that prevented them from participating in the case.
- Perjury – When false statements under oath materially affected the outcome.
- Lack of Notice – When the other party was not properly informed about the case and couldn’t defend themselves, provided they did not avoid service or ignore the case out of neglect.
A motion to set aside must be filed within six months of discovering the fraud, perjury, or lack of notice. The law is clear that courts cannot set aside an order just because it seems unfair in hindsight or because financial circumstances later changed (section 3692).
If a judge grants the request, they will only undo the parts of the order directly affected by the issue unless equity demands that the entire order be set aside (section 3693).
Conclusion
Life doesn’t stay the same and support orders don’t have to either. California’s laws in Family Code sections 3650 to 3693 provide tools for adjusting support orders in response to real changes, as well as options to challenge orders made under unfair or improper circumstances.
Whether you’re seeking a reduction in payments after a job loss, responding to a change requested by your former partner, or trying to undo an order that was made without your knowledge, understanding these rules gives you the power to take the right steps. The process can seem complicated, but you don’t have to navigate it alone. Legal self-help resources, family law facilitators, or an experienced attorney can guide you through your options and help protect your rights and your financial future.