HOW TO FIND OUT HOW MUCH YOUR EX-SPOUSE IS EARNING CALIFORNIA DIVORCE - VIDEO #65 (2021)

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Fourth video in a 4 part series of tutorial videos on how to change or modify an existing court order issued in a divorce case in California. This video discusses various issues including how to find out how much your ex-spouse is earning before you file a motion to modify support, the “material change in circumstances rule”, and the differences between an FL-300 motion to obtain temporary orders versus an FL-300 motion to modify existing court orders.

What if you want to file a motion to modify child support or spousal support because you suspect your ex-spouse is earning more money, but you are not sure how much more money. Is there a way to find out how much your ex-spouse is earning before you file your FL-300 motion?

You can send your ex-spouse a “Request For Production Of An Income And Expense Declaration After Judgment”, which is FL-396.

The FL-396 is a Judicial Council form that you can mail to your ex-spouse once per year after a divorce judgment has been entered. The FL-396 requires your ex-spouse to complete a new Income & Expense Declaration, which is FL-150, and send you the completed FL-150. In addition, the FL-396 requires your ex-spouse to give you copies of their most recent state and federal income tax returns. Your ex-spouse is required to send you his or her completed FL-150 and the tax returns within 35 days.

If your ex-spouse fails to send you his or her completed FL-150 and tax retuns within the 35 days, you can send his or her employer a “Request For Income And Benefit Information From Employer” form, which is FL-397.

If you file an FL-300, then you also have another avenue for obtaining information you may need to win your motion. After you file the FL-300, you can use formal“Discovery” to obtain all kinds of information from your ex-spouse and/or from third parties. “Discovery” refers to forms and procedures that include the following: 1) Request For Production of Documents; 2) Request For Admissions; 3) Interrogatories; 4) Depositions; and 5) Subpoenas.

A motion to modify an existing court order requires a showing of a material change in circumstances. The first hurdle you have to get over is a showing of a “material change in circumstances” before the court is even going to consider your request to modify an existing court order.

Completing and filing the FL-300 to modify an existing court order is almost the same as completing and filing the FL-300 when you want to obtain temporary court orders at the beginning of the divorce process.

If you are filing an FL-300 to modify an existing court order, you must attach a copy of the order you want to modify as an exhibit to your FL-300. If you don’t attach a copy of the existing order that you want to modify, the court clerk will reject your FL-300.

An FL-300 to modify an existing court order should be filed at the same court that issued the order you want to modify. File the FL-300 with the court in the county that issued the order. Use the same caption and case number that is on the court order that you want to modify. Make two copies of the FL-300 and take the copies with you when you go to file your paperwork with the court clerk.

When you file your FL-300 with the court, the court clerk will give you a hearing date. The hearing date will be anywhere from one month to three months in the future. The clerk will keep the originals of your paperwork and give you back two filed-endorsed copies. One set of the copies is for your records. The other set is to be served on your spouse.

If you are using the FL-300 after a divorce judgment has been entered and you want to modify an existing court order, then the FL-300 may have to be “personally served” on your ex-spouse. Sometimes, the FL-300 can be served by mail. It depends on the type of order you are trying to modify.

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