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