Family Code section 3663 - "Available Discovery Once Every 12 Months"

THURMAN'S FAMILY LAW TIPS:

FAMILY CODE SECTION 3663 AND OBTAINING FINANCIAL INFORMATION WITHOUT A PENDING HEARING

Family Code sections 3660 to 3668 exist as a device intended to reduce the burdens that filing Requests for Orders over financial issues like spousal and child support place upon the public system, by allowing parties to family law proceedings to seek and obtain limited information from the other party before resorting to the filing of any kind of motion. Family code sections 3664 and 3665 tell you what you can request and how it must be done; sections 3666 and 3667 explain how such requests can be enforced and what the penalties may be more noncompliance by the other party to your family law case.

Family Code section 3666 expressly authorizes regular discovery motions to compel the production of an FL-150 and tax return, even if no other requests for orders (like a modification request), has yet been filed - if the other side blows you off. Thanks to Family law attorney, Kelsey Nicolaisen, for pointing section 3666 out to me!

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 3663

In the absence of a pending motion for modification or termination of a support order, a request for discovery pursuant to this article may be undertaken not more frequently than once every 12 months.

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