Your former spouse has a new job, or has remarried. Perhaps you have lost your job. Knowing that a financial change in circumstances can trigger a change in support, you think that the amount of child support or spousal support that you are paying (or receiving) should change. But, how do you find out whether the other party’s financial situation has changed significantly? Do you have to start another expensive court proceeding?
Thankfully, no. California family law provides a unique and inexpensive procedure for divorced people to determine whether a change of financial circumstances has occurred before commencing support modification or termination proceedings and without undertaking formal (and costly) discovery.
Up to once a year after entry of a marriage dissolution, legal separation or paternity judgment providing for support, either party may demand that the other party provide a current income and expense declaration accompanied by the prior year’s federal and state personal income tax returns. If the responding party does not comply within 35 days (or responds incompletely), the requesting party may obtain “income and benefits” information from the nonresponding party’s employer. The nonresponding party is also subject to sanctions in a subsequent modification or termination proceeding.
Thus, once a year, you can request a “picture” of your former spouse’s finances to see whether support (child or spousal) needs to be adjusted. If you need help with this process, or have questions about child and spousal support, please do not hesitate to contact me.
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