My spouse has been out of work for a year. He was gainfully employed but was laid off. He has not done anything in the last year. That's why I am filing a Seek Work or Employment Efforts Order. Right now I can't afford a Vocational Rehab Exam, so at minimum, I would like to see what efforts spouse is doing to find work. Do I also need to file an updated Income and Expense Declaration with this RFO or is an update I&E not needed for this type of motion.
This is generally filed along with a request for, or to modify, support. If that is the case, then you need to update your Income and Expense Declaration.
You probably don't need to submit an updated I&E. If nothing has changed since our last filed one, you can submit a copy of it, with a new date and signature, indicating that everything's the same, or an Affidavit stating as much.
Of course, it never hurts to file an updated I&E, either.
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It has always been my practice and required by the Courts in San Diego County to file an updated IED anytime someone is requesting money issues which is what asking someone to find employment ultimately is about. You should update your IED and request that he do the same. Makes for good argument that in over a year he has done nothing to change his circumstances. Where are you in your family law case? Is he or did he request temporary support from you? Or is he not making sufficient child support payments? It would be a good idea to seek an experienced family law attorney in your area for assistance in this matter. Good luck.
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