Child and Spousal Support are very common and important subjects in Divorce and Family Law Cases in California. The Judge at the Sacramento County Family Court will calculate the accurate support award by using each parent's current income.
Each party is required to furnish the other party and the Court with an Income and Expense Declaration whenever the issues of Child Support and Spousal Support are at issue before the Judge. This way when a Divorce case comes to an end, the Judge will know that he is using each parties' current incomes.
The California Family Code always allows a parent to come back to court and request a change in the support order if there has been either an increase or decrease in one of the parent's income. This way, the Court can always be sure that Child Support and Spousal Support are set at the accurate level for the parties' current incomes.
It is very common for one of the parent's to want to know what the other parent is currently earning. If a parent has custody of the minor children, they may want to find out if the parent without custody has been earning more money than what they earned at the time the last support order was made.
The Family Code now provides a simple and low cost method for parties in a Family Law matter to learn their former spouses' incomes. As long as Child Support or Spousal Support are still at issue in a case, each party may serve by mail on the other a form called Post Judgment Request for Income and Expense Declaration. The advantage of this form is that it allows a requesting party to obtain information regarding the other parent's income without the costly process of sending subpoenas or taking depositions.
The recipient of this form must provide the asking party a copy of their current Income and Expense Declaration with the most recent pay stubs. In addition, the recipient must also provide their most recent Federal Income Tax Return.
The requesting party can than use this information to decide if it is appropriate to file a new Motion to Increases Child or Spousal Support. For example, a parent with custody of a minor child may not ask the court to review the child support order for several years. That parent could now learn that the other parent is earning 30% more money than than they did at the time the last child support order was made. The Custodial parent would now be entitled to file a motion to increase the support order based on the other parent's new income. This will assure both parents that the child support is once again at the accurate level.