Opposing a domestic violence restraining order in California

Opposing a domestic violence restraining order in California.
Opposing a domestic violence restraining order in California.

Opposing a domestic violence restraining order in California is the topic of this blog post.

Opposing a domestic violence restraining order in California is extremely important as the length of a permanent domestic violence restraining order in California is generally three (3) years and in some cases even longer. The serious consequences that can result from having a domestic violence restraining order entered against you include the fact that any person that violates a restraining order, or even is alleged to have violated a restraining order is subject to arrest.

The negative consequences that result from having a restraining order entered against you include limiting or even temporarily eliminating your rights under the Second Amendment to the United States Constitution to own or possess any guns, firearms or even ammunition.  It can also negatively impact your employment and sometimes your reputation in the community as well.

Opposing a domestic violence restraining order in California can be difficult if all that you have is the word of the victim against your own word where there are no pictures or witnesses to support your side of the story. Proper preparation can enable you to properly challenge the issuance of a restraining order and possibly convince the court that one is not necessary. Because of the various serious consequences of a restraining order you should consult an experienced attorney who has knowledge with these types of legal issues if you can afford it.

The first essential preparation for any defense will be to study the law in order to understand the elements required for the particular type of restraining order that is being sought. For instance, in the State of California there are several different types of restraining orders such as civil harassment, domestic violence restraining orders, restraining orders involving elder abuse, workplace violence, emergency protective orders, and criminal protective orders. Researching the law regarding the particular type of restraining order that is being sought will allow you to determine who has the authority to issue them, the burden of proof required in order to obtain the restraining order, the duration of the restraining order, and most important of all, what elements are required in order to obtain them.

The second essential preparation for an effective defense is to carefully review the allegations made in order to determine if those allegations do or do not apply to each element required for the particular order of protection being requested.

One common example would be the issuance of a temporary restraining order in California based on an allegation of domestic violence. In that case the burden of proof is very low; a reasonableness of abuse or possible abuse will be enough.

This burden of proof will entitle the protected party to a temporary restraining order that will last only until an evidentiary hearing can be held to determine if a longer protective order such as a permanent order should be issued. In order to obtain a restraining order with a longer duration requires a higher burden of proof known as a finding of a preponderance of the evidence. A preponderance of the evidence means that the party that has the most evidence supporting their position will prevail. Many judges would agree that where it can be shown “it is more likely than not” that the elements necessitating a restraining order are met, that a restraining order must be issued by law.

In order to obtain any long-term restraining order based on domestic violence the protected party will need to show both a relationship and abuse. The elements of abuse for domestic violence are detailed in California Family Law Code § 6300 et seq.

The third essential preparation for an effective defense is for the defending party or their attorney to persuade the court that the allegations asserted by the other party do not fit the definition of abuse. Frequently, individuals who are not prepared properly for this type of hearing almost immediately make damaging admissions that necessitate a restraining order be issued, even if the admitted activity was in fact innocent.

In some cases a declaration will be filed by the protected party that is exaggerated or consists mostly of vague generalizations with no specific facts provided. In these situations a good argument can be made that the other party has failed to provide any specific details of circumstances and is therefore not credible because of the lack of details. For instance if the declaration alleges that the petitioner has been harassed numerous times a defense strategy would be to request that the petitioner identify each and every instance of harassment and whether the communication was not proper meaning a communication that served no legitimate interest. The burden of proof is on the petitioner requesting the restraining order to prove each and every element required under the law. The duty of the defending party is to attack the credibility of the petitioner.

If you do not have the money for an attorney but still want to file a response so that you can give your side of the story to the Court you can download Judicial Council Form DV120-Response to Request for Domestic Violence Restraining Order by clicking the link below.

http://www.courts.ca.gov/documents/dv120.pdf

Sample legal template for opposing a domestic violence restraining order in California for sale.

Attorneys or parties who would like to view a portion of a sample points and authorities in support of a response opposing a domestic violence restraining order in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration sold by the author can see below.

 

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

Follow Fathers rights on Facebook at:

https://www.facebook.com/Fathersrights10/

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.

 

 

 

 

 

Opposing temporary spousal support in California.

Opposing temporary spousal support in California
Opposing temporary spousal support in California.

Opposing temporary spousal support in California is the topic of this blog post.

The deadline to file and serve documents opposing temporary spousal support in California is at least nine (9) Court days before the hearing unless the court has ordered otherwise and the opposition should be served by personal service, overnight mail or a courier service that provides overnight delivery pursuant to Code of Civil Procedure section 1005.

Any party served with a request for order for temporary spousal support in California should first carefully review the motion and supporting documents to determine if the moving party has met their burden of showing both their need for temporary spousal support, and your ability to pay.

Common grounds for opposing temporary spousal support in California are that,

(1) the party requesting temporary spousal support has the ability and the opportunity to work but instead keeps quitting their jobs and refuses to work, instead expecting the other party to support them, and

(2) the party requesting temporary spousal support has failed to meet their burden of showing a need for temporary spousal support, and the ability of the other party to pay.

The first condition that must be shown before temporary spousal support can be ordered is a need for spousal support.

A California Court of Appeal has stated in a published decision that an award of temporary spousal support is usually based on a showing of two conditions: the moving party’s needs, and the other party’s ability to pay.

Another California Court of Appeal has stated in a published decision that a trial court can consider earning capacity in determining spousal support.

The California Supreme Court has stated that earning capacity is defined as the income the spouse is reasonably capable of earning based upon the spouse’s age, health, education, marketable skills, employment history, and the availability of employment opportunities.

Sample opposition for opposing temporary spousal support in California for sale.

Attorneys or parties in California that would like to view a portion of a sample 12 page opposition for opposing a request for temporary spousal support in California containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.

 

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

Follow Fathers rights on Facebook at:

https://www.facebook.com/Fathersrights10/

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.

 

 

 

 

 

 

Opposing a request for attorney fees in a California divorce

Opposing a request for attorney fees in a California divorce
Opposing a request for attorney fees in a California divorce.

Opposing a request for attorney fees in a California divorce is the topic of this blog post.

All documents and supporting evidence for opposing a request for attorney fees in a California divorce must be filed and served least nine (9) Court days before the hearing unless the court has ordered otherwise. The opposition documents should be served by personal service, overnight mail or a courier service that provides overnight delivery pursuant to Code of Civil Procedure section 1005.

Any party served with a request for attorney’s fees in a California divorce should carefully review the request and supporting documents to determine if the moving party has met the burden of proof required to obtain an award of attorney’s fees.

Grounds for opposing a request for attorney fees in a California divorce.

Common grounds for opposing a request for attorney fees in a California divorce include that,

(1) The moving party has failed to meet their burden of establishing a need for the other party to pay for their legal representation;

(2) The moving party has failed to meet their burden of establishing that the relevant financial circumstances of the parties justify a need-based attorney’s fees award;

(3) The amount of attorney’s fees requested is excessive, and

(4) The moving party has failed to submit sufficient information to determine the nature and value of the attorney services rendered.

Several California Courts of Appeal have stated in published decisions that the party requesting an award of attorney’s fees in a California divorce has the burden of establishing the need for the other party to pay for their legal representation.

Family Code section 2032 states in pertinent part that need-based attorney fees awards, even those sought under section 2031, be based (among other factors) on the parties’ relative financial circumstances.

Family Code section 2030 permits the trial court to order payment of attorney fees and costs as between the parties based upon their “ability to pay” and their “respective incomes and needs” in order to “ensure that each party has access to legal representation to preserve all of the party’s rights.” See Family Code, § 2030(a).

The trial court may award attorney fees under section 2030 “where the making of the award, and the amount of the award, are just and reasonable under relative circumstances of the respective parties.” See Family Code, § 2032 (a).

A recently published California Court of Appeal decision stated that Family Code sections 2030 and 2032 are intended to prevent a party from litigating the other side out of the case by taking advantage of the substantial difference in their incomes.

The same principles that apply to a motion for attorney’s fees in an civil action in California also apply to a request for attorney’s fees in a California divorce as Family Code § 210 states that,

“Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code.”

The case law in California regarding civil actions states that a party may oppose a motion for attorney’s fees on the ground that the requested fees are excessive. A party seeking an award of fees is not necessarily entitled to compensation for the value of attorney services according to his or her own notion or to the full extent claimed.

The California Supreme Court has stated that an attorney fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.

Sample opposition for opposing a request for attorney fees in a California divorce for sale.

Attorneys or parties that would like to view a portion of a sample 12 page opposition for opposing a request for attorney fees in a California divorce containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.

 

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

Follow Fathers Rights on Facebook at:

https://www.facebook.com/Fathersrights10/

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.

 

 

 

 

 

 

 

Opposing an OSC for contempt in a California divorce

Opposing an OSC for contempt in a California divorce
Opposing an OSC for contempt in a California divorce.

Opposing an OSC for contempt in a California divorce is the topic of this blog post.

Opposing an OSC for contempt in a California divorce is very important and any opposition to an OSC for contempt in California family law should be filed and served at least nine (9) Court days before the hearing pursuant to Code of Civil Procedure section 1005 unless the Court has ordered otherwise.

If you have been served with an order to show cause for contempt in California the first thing you should do is to carefully review the order to show cause and supporting affidavit to determine what grounds for opposition exist.

Grounds for Opposing an OSC for contempt in a California divorce.

Possible grounds for opposing an OSC for contempt in a California divorce would include situations where the alleged child support arrearages first became due more than three (3) years ago. Therefore any child support amounts that are alleged to be owed that became due more than three (3) years ago are barred by the statute of limitations found in Code of Civil Procedure § 1218.5(b) which states in pertinent part that,

“If the contempt alleged is the failure to pay child, family, or spousal support, the period of limitations for commencing a contempt action is three years from the date that the payment was due”.

And if you were truly unable to pay the child support or comply with another Court order and can prove that by a preponderance of the evidence you should not be held in contempt.

Other possible grounds could include a case where the other party is alleging that you violated a Court order other than an order to pay support. In that case any alleged violations that occurred more than two (2) years ago are barred by the statute of limitations found in Code of Civil Procedure § 1218.5(b) which states in pertinent part that,

“A contempt action to enforce any other order made under the Family Code must be brought within two years “from the time that the alleged contempt occurred.”

You may also be entitled to what are known as “Jackson credits” towards any alleged child support arrearages for the period of time that the minor child or children physically resided with you as you are considered to have directly discharged your support obligation to the minor children.

Your opposition should contain a declaration stating the facts that support your affirmative defenses including any exhibits that support your affirmative defenses.

Remember that the party that filed the order to show cause for contempt must prove to the Court that you are guilty of contempt beyond a reasonable doubt. However you are only required to prove your affirmative defenses by a preponderance of the evidence in order to prevail in Court.

Sample opposition for opposing an OSC for contempt in a California divorce for sale.

Attorneys or parties in California that would like to view a portion of an 11 page sample opposition to an order to show cause for contempt in a California divorce containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service can see below.

 

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

Follow Fathers Rights on Facebook at:

https://www.facebook.com/Fathersrights10/

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.

 

 

 

 

 

 

Notice in lieu of subpoena duces tecum in a California divorce

Notice in lieu of subpoena tecum in a California divorce
Notice in lieu of subpoena tecum in a California divorce.

A notice in lieu of subpoena duces tecum in a California divorce is the topic of this blog post.

A notice in lieu of subpoena duces tecum in a California divorce is also commonly referred to as a notice to appear at trial or hearing and produce documents.

A notice in lieu of subpoena duces tecum in a California divorce is authorized pursuant to subdivisions b and c of Code of Civil Procedure section 1987, and can only be served on a party to the civil action or proceeding, or someone who is an officer, director, or managing agent of any such party. One of the main advantages of using the notice to appear is that service may be made by mail, instead of personal service as is required with a standard subpoena.

A notice in lieu of subpoena duces tecum in a California divorce is allowed as Family Code section 210 states that the same rules and procedures for civil cases are applicable unless another statute or rule has been adopted by the California Judicial Council.

A party who has not requested certain essential or critical documents during the discovery process, whose existence is known, and which can be clearly identified, can use the notice to appear and produce documents to compel the other party to appear and produce the documents.

If only the attendance of the person as a witness is required, then service may be made personally at least ten (10) days before the trial or hearing, or fifteen (15) days before the trial or hearing if service is made by mail. Service should be made on the party or their attorney if they have one.

If production of documents is required, then service may be made personally at least twenty (20) days before the trial or hearing, or twenty five (25) days before the trial or hearing if service is made by mail. Service should be made on the party or their attorney if they have one. The notice should state the exact materials or things desired, as well as a statement that the person has them in their possession, or under their control.

The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court. See Code of Civil Procedure § 1987(b).

Sample notice in lieu of subpoena duces tecum in a California divorce for sale.

Attorneys or parties in California who wish to view or purchase a sample notice in lieu of subpoena duces tecum in a California divorce for use on an individual sold by the author can see below.

 

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

Follow Fathers Rights on Facebook at:

https://www.facebook.com/Fathersrights10/

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.

 

 

 

 

 

 

 

Child custody definitions in California

Child custody definitions in California.
Child custody definitions in California.

Child custody definitions in California are the topic of this blog post.

This blog post will provide basic information on child custody definitions in California.

Joint Legal Custody:

Joint legal custody means that both parents have the authority to make important decisions regarding the child’s health, education, welfare, religion, driver’s license, etc. In some cases a judge will give parents joint legal custody, but not joint physical custody.

Joint legal custody means both parents share the responsibility in making important decisions in their child’s lives, but live with one parent most of the time. In most situations, the parent that does not have physical custody has visitation with the children.

Parents with legal custody have the right to make decisions regarding:

Parents with legal custody have the right to make decisions regarding:

School or childcare

Religious activities or institutions

Psychiatric, psychological, or other mental health counseling or therapy needs

Doctor, dentist, orthodontist, or other health professional (except in emergency situations)

Sports, summer camp, vacation, or extracurricular activities

Travel

Where to live

Joint Physical Custody:

Joint physical custody means that each parent has significant periods of physical custody, although parents can share joint custody even if the timeshares are unequal. For example, one parent may alternate a weekend schedule and the other parent has the child the rest of the time.

Legal Custody:

Legal custody means that the parent that has legal custody has decision-making authority for issues with health, education, and welfare of a child. When both parents share this responsibility it is referred to as “Joint Legal Custody.”  When only one parent has this responsibility, it is referred to as “Sole Legal Custody.”

Physical Custody:

Physical custody means that the parent or parents have the physical responsibility for the care of the child. Physical custody can be joint physical custody or sole physical custody.

Primary Physical Custody:

Some attorneys avoid the use of either “sole custody” or “joint custody” and use the term “primary physical custody” to designate the parent who has day-to day care of the child.

However I want to stress that the child custody laws in California do NOT recognize the term “primary physical custody” as the California Supreme Court has stated that the term “`primary physical custody'” is not found in the Family Code, which instead distinguishes between “`[j]oint physical custody'” (§ 3004) and “`[s]ole physical custody'” (§ 3007). See In re Marriage of LaMusga (2004) 32 Cal.4th 1072, 1081, fn. 1; see also In re Marriage of Richardson (2002) 102 Cal.App.4th 941, 945, fn. 2 (“Though frequently employed, the term `primary physical custody’ has no legal meaning.”.)

Using the term primary physical custody in any marital settlement agreement, or stipulated judgment or order can have negative consequences under certain circumstances such as move-away cases where one parent wants to move with the minor children to another city or state.

Sole Legal Custody:

Sole legal custody means that one parent is able to make all decisions regarding the child’s health, education, welfare, religion, driver’s license, etc.

Sole Physical Custody:

Sole physical custody means that one parent will have the physical custody of the child the great majority of the time, as well as responsibility for day-to-day care of the child.

Visitation:

If one parent has physical custody, the other parent is referred to as having visitation with the child.

Sample stipulation and order for child custody and visitation in California.

Attorneys or parties in California that would like to view a portion of a sample stipulation and order for child custody and visitation in California created by the author can see below.

 

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

Follow Fathers rights on Facebook at:

https://www.facebook.com/Fathersrights10/

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.

 

 

 

 

 

 

 

 

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. The discovery procedure for child and spousal support 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

Follow Fathers rights on Facebook at:

https://www.facebook.com/Fathersrights10/

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.