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

Follow Fathers rights on Google Plus at:

https://plus.google.com/+Fathersrights

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.

 

 

 

 

 

 

Request to reduce spousal support in California

Request to reduce spousal support in California
Request to reduce spousal support in California.

A request to reduce spousal support in California is the topic of this blog post.

A request to reduce spousal support in California can be filed when you can show a material change of circumstances since the date of the last spousal support order.

Family Code § 3651(a) provides that, with specified exceptions, “a support order may be modified or terminated at any time as the court determines to be necessary.” An order for spousal support may not be modified or terminated, however, if the parties have so agreed in a written agreement or in an oral agreement entered into in open court pursuant to Family Code § 3651(d).

The law in California is settled that the party seeking a modification of spousal support has the burden of showing a material change of circumstances since the date of the last spousal support order.

A material change of circumstances may include situations such as:

A decrease in your income since the date of the last spousal support order.

The other party does not require the same level of spousal support due to a substantial increase in their income.

The California Courts of Appeal have ruled in published cases that a modification of spousal support is justified when the moving party has met their burden of demonstrating a material change of circumstances, since the last order was issued, in the relevant factors that affect need and ability to pay. A material change of circumstances is justified in situations where there has been a reduction or increase in the ability of the supporting spouse to pay and/or in situations where there has been a reduction or increase in the needs of the supported spouse. The trial court has very broad discretion in determining if a material change of circumstances exists.

Family Code § 4336(a) states in pertinent part that, “Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage … where the marriage is of long duration.” Family Code § 4336(b) states in pertinent part that for the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration.

However a California Court of Appeal recently ruled in a published case that even if a marriage has been a lengthy one that by itself does not justify an unlimited spousal support award. Unless a spouse can show specific facts that show they are incapable of becoming self-supporting they cannot expect to receive spousal support payments indefinitely.

Sample points and authorities in support of a request to reduce spousal support in California for sale.

Attorneys or parties in California that would like to view a portion of a sample points and authorities in support of a request to reduce spousal support in California containing brief instructions, citations to case law and statutory authority and a 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 Google Plus at:

https://plus.google.com/+Fathersrights

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.

 

 

 

 

 

 

 

No More Frivorce Rape: English Judge Says Paying Women After a Divorce is Ludicrous — The New Modern Man

It seems Anglo men finally have an advocate in the form of Britain’s most senior family court judge. The most senior family court judge, Sir James Munby has called for the abolition of male slavery and forced wealth transfer payments to women brought on by the divorce-industrial complex. In a speech to lawyers given just […]

via No More Frivorce Rape: English Judge Says Paying Women After a Divorce is Ludicrous — The New Modern Man

It is about time that a member of the judiciary spoke out about the absurdity of requiring men to pay spousal support to women after divorce.  This is not the 1950’s any more and treating women like they are all “Suzy Homemaker” is ridiculous.  I would not be surprised if Sir James Munby retires very soon, either of his own volition, or due to intense pressure from the women’s lobby.

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.

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

All documents opposing temporary spousal support in California must be filed and served least nine (9) Court days before the hearing unless the court has ordered otherwise. 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 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 Google Plus at:

https://plus.google.com/+Fathersrights

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.