Motions to Set Aside
More Family Topics
Set Aside of Support Order
In family law matters, a set-aside is an action a judge may take to effectively suspend an order until actual or perceived errors may be resolved. This is sometimes used relative to various support orders in a divorce.
Part of every divorce is settling all matters relative to property, assets, spousal and child support, custody, visitation, and similar elements of family law. Often there is a need to change certain aspects and a person pursues the change through a modification process. Occasionally, a court order will be found to have a critical error or discrepancy which needs to be amended. To avoid problems for either party, the court will effectively "park" the order until it has been corrected, reviewed and approved. In Georgia, there are three conditions that can open the door to file a motion to set aside a court order.
- The court incorrectly assumed personal or subject matter jurisdiction in the case.
- A party can show that the court's decision was based on inaccurate information, fraudulent misrepresentation of facts, errors or accidents.
- The court's decision was rendered based on flaws in the legal records.