California Family Law Attorney

THURMAN'S SPOUSAL AND CHILD SUPPORT MODIFICATION TIPS:

Using Family Code Section 3667 to Recover Fees and Sanctions for Refusing to Produce Accurate Tax Returns

The idea with Family Code sections 3660 to 3668 is to secure voluntary compliance in upsetting the exchange of financial information where there are, or could be awarded, child and/or spousal support orders. Your situation could either be as a support recipient or as a support payor - and possibly you are thinking it may be time to modify child support or terminate spousal support.

By using these procedures, you may succeed in getting a look at the other side's tax returns, without having to first file a Request for Orders modifying same, since there is always the risk that your support could go down if you are a payee, or go up if you are a payor.

Want to read more about using tax returns in Family law and support cases?


CALIFORNIA FAMILY CODE

MODIFICATION, TERMINATION, OR SET ASIDE OF SUPPORT ORDERS

Discovery Before Commencing Modification or Termination Proceeding

Family Code Section 3667

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, including the filing fee and the costs of the depositions and subpoenas necessary to be utilized in order to obtain complete and accurate information. This section is applicable regardless of whether a party has utilized subdivision (b) of Section 3664.