Family Code section 3665 - "Disclosure of Tax Returns"

THURMAN'S FAMILY LAW TIPS:

OBTAINING THE OTHER PARTY'S INCOME TAX RETURN WITHOUT A BATTLE

Well, maybe - one can hope that the battle can be avoided. Family Code section 3664 specifically authorizes you to obtain the other party's financial information without having to file a court proceeding, except for noncompliance, once each year. This may be strategically quite wise, not to mention possibly far less expensive, because your assumptions about changes in the other party's income may not be correct - and filing a blind motion to modify child support or terminate spousal support can blow up in your face in the sense that the amounts you receive under the present orders may wind up being reduced instead.

Unfortunately, if the other party is like so many family law litigants - completely obstinate - you will want to read my comments to FC sections 3660 to 3668.

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

Want to learn more about tax returns in these proceedings?


CALIFORNIA FAMILY CODE

MODIFICATION, TERMINATION, OR SET ASIDE OF SUPPORT ORDERS

Discovery Before Commencing Modification or Termination Proceeding

Family Code Section 3665

(a) A copy of the prior year's federal and state personal income tax returns shall be attached to the income and expense declaration of each party.
(b) A party shall not disclose the contents or provide copies of the other party's tax returns to anyone except the court, the party's attorney, the party's accountant, or other financial consultant assisting with matters relating to the proceeding, or any other person permitted by the court.
(c) The tax returns shall be controlled by the court as provided in Section 3552.

Testimonials & Endorsements

  • “When I first called this law office and set up my initial consultation with Michael Peterson for my pending divorce, I was impressed with how professional and straight-to-the-point he was. He asked ...”

    - Seth C.
  • “Michael Peterson has been helping me successfully get through a particularly high conflict divorce and custody battle for the past 5 years. I highly recommend his services especially through ...”

    - Nicole G.
  • “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.
/

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)