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Do I need to have my expense declaration updated for hearing of non compliance in regards to formal discovery.

Pasadena, CA |
Filed under: Family law Discovery

discovery was requested of November of 2012 and had been extended several times with notice to compel by march 5th 2013.my wife and lawyer only forwarded an incomplete formal discovery and now I'm asking for a hearing for non- compliance along with financial compensation and possible sanctions . will the court need an updated expense declaration and new forensic accounting worked up for this hearing?

Attorney Answers 3


  1. No.

    Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.


  2. The answer to this question depends on the type of sanction you are seeking and the applicable code section (there are sanctions provisions in both the Family Code and Code of Civil Procedure). Also, the code for discovery sanctions have very specific requirements of what needs to be done before a complaint can even be brought. Best to consult with an attorney before proceeding.

    However, both parties have a continuing duty to update the court and the other parties of any changes in income and expenses at least until judgment is filed and possibly beyond. So at the very least you should probably update your I&E if there are any changes.


  3. One thing has nothing to do with the other. The short answer is NO, it is not necessary.

    Attorney James R. Fox If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

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