Discovery Proceedings for Modifying or Terminating Support Orders

Division 9, Part 1, Chapter 6, Article 2 deals with discovery before commencing modification or termination of proceedings for support orders in this state.

Section 3660 specifies that the purpose of this article is to permit inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order for child, family, or spousal support.

Section 3662 provides that methods of discovery other than that described in this article may only be used if a motion for modification or termination of the support order is pending.

Section 3663 states that, in the absence of a pending motion for modification or termination of a support order, a request for discovery pursuant to this article may be undertaken not more frequently than once every 12 months.

Section 3664 provides that, at any time following a judgment of dissolution of marriage or legal separation of the parties, or a determination of parentage, that provides for payment of support, either the party ordered to pay support or the party to whom support was ordered to be paid or that party’s assignee, without leave of court, may serve a request on the other party for the production of a completed current income and expense declaration in the form adopted by the Judicial Council.

If there is no response within 35 days of service of the request or if the responsive income and expense declaration is incomplete as to any wage information, including the attachment of pay stubs and income tax returns, the requesting party may serve a request on the employer of the other party for information limited to the income and benefits provided to the party in the form adopted by the Judicial Council.

The employer may require the requesting party to pay the reasonable costs of copying this information for the requesting party. The date specified in the request served on the employer for the production of income and benefit information cannot be less than 15 days from the date this request is issued.

Service of a request for production of an income and expense declaration or for income and benefit information pursuant to this section or a copy thereof is to be by certified mail, postage prepaid, return receipt requested, to the last known address of the party to be served, or by personal service. The form adopted by the Judicial Council for purposes of the request on an employer must state that compliance with the request is voluntary, except upon order of the court or upon agreement of the parties, employers, and employee affected.

Section 3665 requires a copy of the prior year’s federal and state personal income tax returns to be attached to the income and expense declaration of each party. A party is prohibited from disclosing the contents or providing copies of the other party’s tax returns to anyone except the court, the party’s attorney, the party’s accountant, or other financial consultant assisting with matters relating to the proceeding, or any other person permitted by the court.

Section 3666 allows this article to be enforced in the manner specified in state law including statutes applicable to the enforcement of procedures for discovery.

Section 3667 provides that, upon the subsequent filing of a motion for modification or termination of the support order by the requesting party, if the court finds that the income and expense declaration submitted by the responding party pursuant to this article was incomplete, inaccurate, or missing the prior year’s federal and state personal income tax returns, or that the declaration was not submitted in good faith, the court may order sanctions against the responding party in the form of payment of all costs of the motion.