Family Code section 3662 - "No Discovery Absent Pending Motion"

THURMAN'S TIPS - ATTEMPTING TO OBTAIN VOLUNTARY DISCOVERY

FAMILY CODE SECTIONS 3660 TO 3668

There is a little known and rarely used technique for sniffing out whether it might be in your best interest to consider filing a RFO (Request for Order) to change existing spousal support, child support, or family support orders without actually filing one first. Family Code section 3660 makes it clear that the California legislature intended to permit limited discovery before and without first commencing modification or termination proceedings. Section 3662 repeats the standard rule that any discovery, like production subpoenas, interrogatories, or even depositions are only available in family law proceedings if there is actually something calendered for hearing: if not, then the other party can refuse to respond and essentially ignore your requests. Read Sections 3663 and 3664.

Want to learn more about discovery in divorce and family law cases?


CALIFORNIA FAMILY CODE

MODIFICATION, TERMINATION, OR SET ASIDE OF SUPPORT ORDERS

Discovery Before Commencing Modification or Termination Proceeding

Family Code Section 3662

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.

Testimonials & Endorsements

  • “Michael Peterson handled this case professionally from mediation to the final orders. Over the 15 month process he helped me view things from a non-emotional stand point which made everything less ...”

    - Demetria R.
  • “Found Mr Arnold to be very level headed and very brave to take on my divorce. He acted very professionally all the way through. Worked very well for us. We used the collaborative process."”

    - Lee M.
  • “When my divorce went to trial, it became imperative for me to hire an attorney. I live in Georgia, so I had to do over the phone consultations. When I spoke with Mr. Arnold, it just "felt right" and I ...”

    - Michelle H.
  • “Thurman is that rare attorney who promotes cooperative, non-adversarial divorce. Where many attorneys exacerbate conflict because it inevitably results in legal fees, Thurman promotes resolution and ...”

    - Stephen J.
  • “Just wanted to thank you for your website. It's encouraging to find attorneys who seem to care. I am working at organizing a conference in Las Vegas to train attorneys to 'do it right for the ...”

    - Danielle D.
/

Contact Us

Call (760) 320-7915 or Fill Out This Form

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • Yelp
  • Super Lawyers - Thurman
  • Avvo Rating - Superb Top Divorce Attorney
  • AV Preeminent - 2015
  • Super Lawyers - Michael
  • AAML
  • Coachella Valley's Top lawyers
  • Client Distinction - Thurman
  • California Certified (CBLS)