Understanding your situation
A child support order was entered against you by default because you didn't file an Answer within the statutory response window, or because service was defective and you never actually received the papers. Default judgments establish support at whatever amount the other parent requested, using whatever income they alleged — often with no verification.
Standards for setting aside default vary significantly by state. Most states have specific procedural rules governing default relief, with different standards for (a) excusable neglect/mistake and (b) void judgments based on defective service or lack of jurisdiction.
Every state generally requires you to show both a procedural ground (why you failed to respond) and a meritorious defense (what you would have argued had you responded). The longer you wait after learning of the default, the more difficult the motion typically becomes — courts often weigh diligence as an independent factor.
Crucially, support continues to accrue on the defaulted amount until the motion is granted, and those accrued arrears generally cannot be retroactively modified even if the default is ultimately set aside. This is why filing a parallel Motion to Modify simultaneously is often essential.
What you need to prepare
- ✓Copy of the default judgment (with entry date)
- ✓Evidence of why you failed to respond
- ✓Service documents if service was defective
- ✓Meritorious defense documentation
- ✓Proposed Answer to attach to the motion
- ✓Proof of the date you first learned of the default
- ✓Tax returns and pay stubs establishing actual support calculation
⏰ Deadline
Timelines vary significantly by state — the typical window is 6 months to 1 year, with some jurisdictions allowing longer for void judgments based on defective service. Always verify your state's current default-relief rule before counting days.
🏛️ Authority
The court that entered the default judgment.
⚖️ Legal basis
State civil procedure rules governing default judgments. Federal: Servicemembers Civil Relief Act (SCRA) provides specific default protections for active-duty military. The DocuGov generator inserts state-appropriate references for your jurisdiction.
Expert tips
- 1File the motion immediately upon discovering the default. Courts typically weigh diligence as a separate factor — waiting months 'because I wanted to gather evidence' is rarely accepted.
- 2Identify the correct procedural ground: excusable neglect, improper service, or fraud. Each has different standards and different windows.
- 3For improper service, subpoena the process server's records if possible — discrepancies in the service affidavit are strong evidence.
- 4Attach a proposed Answer showing the meritorious defense. A motion without a meritorious defense is often denied on that ground alone.
- 5If you were in active military service when served, invoke the Servicemembers Civil Relief Act — it provides specific default protections.
- 6Continue paying support (or attempting to) during the pendency of the motion. This preserves your credibility.
- 7Even if the motion succeeds, accrued arrears on the defaulted amount typically cannot be retroactively reduced — so file a Motion to Modify simultaneously to establish the correct prospective amount.