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:

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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.

 

 

 

 

 

 

Colorado man has to pay child support even though he is not the father!

A Colorado man has been ordered to pay child support despite the fact that DNA test results show that he is not the father!

This story is from q13fox.com

DENVER — Chris Atkins leads a life that might be stranger than any episode of “The Maury Povich Show.”

The daytime talk show host has made a living out of revealing DNA test results to squabbling couples, but Atkins already knows DNA has proven he’s not the father of his ex-wife’s daughter, who was 2 years old when the couple divorced.

But since the truth didn’t come out until the girl was 11 and his name remains on the birth certificate, he is legally obligated to keep paying child support until she turns 19, reports KDVR.

“It doesn’t make any sense to me,” said Atkins, who hasn’t had contact with the now-15-year-old girl in four years.

The 48-year-old said he should be allowed to maintain visitation with a girl he considered his daughter or if not, be allowed to stop paying $730 a month in child support and health insurance.

“I just want my daughter, but I can’t even see her, but yet I’m still paying child support. And the biological father has been found and he gets to spend time with her. I don’t get nothing,” Atkins said.

Atkins accused his ex-wife Lori Lonnquist of ignoring court custody orders that grant him visitation while still collecting child support. When asked if she was being greedy, Lonnquist reportedly said, “Maybe, but I don’t feel bad about it, I really don’t.”

Lonnquist insisted Atkins abandoned any relationship with her daughter when he learned she wasn’t biologically his. Atkins denied that and said Lonnquist refused to facilitate visits.

“I went to court and I said ‘I’m not seeing my daughter, but I’m still paying.’ (The judge) said ‘What do you want me to do arrest her?’ And I said ‘Yes sir, something.’ He said ‘It’s out of my hands.'”

Read more:

http://q13fox.com/2016/07/28/colorado-man-forced-to-pay-child-support-despite-dna-test-results/

What makes this story even more outrageous is that stories like these are becoming more and more common, all over the United States, and elsewhere around the world.

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 a product that will assist fathers to represent themselves in Court regarding custody and support issues.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

Follow Fathers Rights on Twitter at:

https://twitter.com/Fathersrights16

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https://plus.google.com/b/110510432841113317479/110510432841113317479

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.

 

 

 

 

 

 

Oklahoma man has to pay child support despite not being the father

An Oklahoma man has been ordered to pay child support despite a DNA test showing conclusively that he is NOT father.

The following story is from Newson6.com.

NewsOn6.com – Tulsa, OK – News, Weather, Video and Sports – KOTV.com |

TULSA, Oklahoma –

An Oklahoma man is hoping to change the law after he was ordered to pay child support for a baby that’s not his.

Thomas said he wants to change the Oklahoma law in hopes of helping other men in the same situation.

When Thomas’ high school girlfriend got pregnant, he married her. Five months later she had a little boy and he believed he had a son, but, as happens to a lot of young marriages, theirs fell apart.

The boy was three when Thomas decided to take a paternity test.

“It comes back zero percent. I was in my office and I saw that. I should’ve expected it but I didn’t and it hit me. I’m telling my co-worker how shocked I am that someone could do this to someone,” he said.

A judge ordered Thomas to take another DNA test. He did and got the same result.

At first, the judge ruled Thomas was off the hook financially, but then reversed that decision because Oklahoma law says men must question paternity within two years of the child’s birth.

Thomas said he had no reason to question it before he did, but, because he missed the deadline, the judge ordered him to pay around $500 a month in child support, plus, nearly $15,000 in back support plus interest – all for a child that is not his.

“I wish I was telling a lie,” he said. “I wish it wasn’t the truth but it is. That’s what makes it so crazy. Everyone I talk to about this can’t believe where the court system is coming from.”

Thomas wants lawmakers to change the law. He believes DNA matters regardless of when a man learns he’s not the father of a child, especially if the man was lied to, but it will be too late for him.

Read more:

http://www.newson6.com/story/34240493/ok-man-ordered-to-pay-child-support-despite-not-being-father

That is outrageous and just another example of how the family court system is biased against fathers.   This story shows the importance of always having a DNA test by a reputable laboratory whose genetic tests are generally acknowledged as reliable by accreditation bodies designated by the United States Secretary of Health and Human Services.

Two accredited Testing Facilities in California:

GeneTrack Biolabs Inc-Locations throughout California with chain of custody declarations.  Toll Free 1-877-714-6356

http://www.genetrackus.com/

DNA Diagnostics Center- Locations throughout California with chain of custody declarations.

1-800-613-5768

http://www.dnacenter.com/locations/california.html

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 a product that will assist fathers to represent themselves in Court regarding custody and support issues.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

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.

 

 

 

 

Slavery Never Ended in America: It Still Exists in Family Courts — The New Modern Man

American politicians love to self-righteously pat themselves on the back, play the race card, and genuflect before audiences about the horrors of slavery. Oh, what backwards times those were. Surely, lessons have been learned after slavery died as the de facto labor system worldwide, and we will never subject another human being to work under […]

via Slavery Never Ended in America: It Still Exists in Family Courts — The New Modern Man

I love the idea about requiring the custodial parent to submit receipts in order to obtain reimbursement for what they claim to have spent for the benefit of the minor child or children.

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 a digital product that will assist fathers to represent themselves in Court regarding custody and support issues.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

Follow Stan Burman on Twitter at:

https://twitter.com/legaldocspro

Follow Stan Burman on Google Plus at:

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

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.

 

 

 

 

 

 

Texas legislature fails to pass equal custody law

Father rights in Texas

Texas legislature fails to pass equal custody law.

A Fathers rights group in Texas says the state needs an equal custody law as detailed in a story from KXAN.  Unfortunately the Texas legislature failed to pass a bill that would have allowed a court to grant joint custody or equal parenting time unless it was not in the best interest of the child. That is shameful in an allegedly “Red State” like Texas and is just more evidence that neither political party has any interest in Fathers Rights or the broader issue of the rights of non-custodial parents.

“AUSTIN (KXAN) — Mothers and fathers in Texas are continuing to fight for equal parenting laws.

Several of them were in Austin Wednesday to get more information about the state’s child support division and custody laws. The Texas Fathers’ Rights Movement says too often, parents are unable to get equal visitation time with their kids during a separation or divorce.

“We’re advocating for people that want to be a part of their kid’s life, that want to see them,” Jason Davis, one of the organizers with the Texas Fathers’ Rights Movement’s Facebook page, said. “Of course you can’t see them all the time, but we’re mainly advocating for 50/50 parenting.”

HB453, filed during the 2017 legislative session, would have allowed the court to grant equal parenting unless it was against the best interest of the child. It did not make it through the full legislative process.

“We get that once there’s a separation or divorce, somebody else is going to enter their lives,” Davis said. “But ultimately, we’re their dad. We’re their mom. We just want to be a part of their lives.”

Read more:

Texas fathers’ rights group says state needs equal custody law

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 a digital product that will assist fathers to represent themselves in Court regarding custody and support issues.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/  for more information.

Follow Stan Burman on Twitter at:

https://twitter.com/legaldocspro

Follow Stan Burman on Google Plus at:

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

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.