Discovery procedure for child and spousal support in California

Discovery procedure for child and spousal support in California
Discovery procedure for child and spousal support in California.

The discovery procedure for child and spousal support in California is the topic of this blog post.

This blog post will discuss the discovery procedure for child and spousal support in California. This procedure allows you to serve a request for income and expense information from the other party before you file a request for order to modify or terminate an order for child, family or spousal support in California.

Statutory authorization for the discovery procedure for child and spousal support in California.

The statutory authorization for the discovery procedure for child and spousal support in California is found in Chapter 6, Article 2 of the California Family Code, specifically sections 3660 through 3668.

To read the entire text of Family Code sections 3660 through 3668 use the link shown below:

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=9.&title=&part=1.&chapter=6.&article=2.

These statutes allow a party to serve a request for an income and expense declaration on the other party before they file a request for order or notice of motion to modify or terminate child, family or spousal support in California.

Judicial council form for the discovery procedure for child and spousal support in California.

The form used to obtain the income and expense information is mandatory Judicial Council Form FL-396-Request for Production of an Income and Expense Declaration After Judgment which you can download here: Judicial Council Form FL-396

The purpose of these statutes is to permit parties to obtain inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order for child, family, or spousal support, pursuant to Family Code section 3660.

These statutes provide the only legally authorized method of discovery before filing any request for order or notice of motion to modify or terminate child, family or spousal support in California. Other methods of discovery may only be used if a motion is pending pursuant to Family Code section 3662.

In the absence of a pending motion for modification or termination of a support order, a request for discovery using this method can only be served once every 12 months, pursuant to Family Code section 3663.

Service of a request for production of an income and expense declaration shall be by certified mail, postage prepaid, return receipt requested, to the last known address of the party to be served, or by personal service pursuant to subdivision f of Family Code section 3664.  Note that the code does not require service of the request on the attorney of record for the other party, however in my personal opinion it is a good idea to mail a courtesy copy to them assuming that they are still the attorney of record just to show the Court that you have given them notice as well.

The responding party must complete the income and expense declaration as well as provide a copy of their prior year’s federal and state personal income tax returns that shall be attached to the income and expense declaration pursuant to Family Code section 3665.

The discovery procedure for child and spousal support in California detailed in this blog post is the best and least expensive way to obtain income and expense information from the opposing party before commencing a modification or termination proceeding for child, family or spousal support. This procedure is the only method that can be used before commencing any modification or termination proceeding. It truly does provide an inexpensive method of obtaining the facts necessary to determine whether or not to commence a modification or termination proceeding.

 

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

The author of this blog post, Stan Burman, is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. He believes in Father’s Rights as he has seen first-hand the incredible bias against fathers in the family law courts in California. He is currently working on creating digital products that will assist fathers both in California and throughout the United States to represent themselves without an attorney in Court regarding custody and support issues.

Follow Fathers rights on Twitter at:

https://twitter.com/Fathersrights16

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

 

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