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After* judgment of dissolution (or determination of paternity) where child or spousal support has been ordered, each parent has the right to request financial information from the other parent once in a twelve month period. Also, you may have grounds for a modification of the current order.  Modification of the order may be permissible if there has been a change in circumstances of the parties.  Click here to learn how you can  modify your child support order.

 

 California has made it easy for an obligor (the parent paying the support) and an obligee (the parent receiving support) to find out the current income of the other parent.  The reasoning  behind this is straightforward: a child support order typically will remain in effect until the child reaches  18, and because of the potentially long duration of the order, both the obligor and the obligee must have an inexpensive and simple method for discovering the other parent's income.

 

Keep in mind that the disclosure is not foolproof.  The parent furnishing the information makes a declaration under penalty of perjury that the information is accurate. Wage earners have less ability to be deceptive on the income and expense declaration than non-wage earners.  For self-employed people, there usually is  more room for chicanery.  To the extent possible,  the  information provided on the income and expense declaration should be verified.  If there is reason to believe that the information is not accurate, then records such as bank statements, credit card statements, accounting books and ledgers, mortgage and other credit applications should be obtained.

 

Following is the procedure used to obtain income and expense information, as well as the steps necessary to modify child or spousal support.

 

 

How to Obtain  Income and Expense Information after Judgment of Dissolution or Paternity Where Support Has Been Ordered

 

After a judgment of dissolution or (or  determination of paternity) where there are orders that provide for payment of spousal or child support, each parent has the right to ask the other parent for income and expense information once in a twelve month period.

1. Obtain and fill out the Request for Production of Income and Expense Declaration After Judgment form.

2. Serve the Request for Production of Income and Expense Declaration After Judgment  on the other parent.  The service  can normally be done by mail, but must be done by a person over the age of 18 and not a party to the action (a relative is fine).

3. If the other parent does not respond to the request within 35 days, then the parent can serve a Request for Income and Benefit Information From  Employer on the employer of the non-responding parent.

 

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