We are going back to DCSS in California (again) with regard to child support. However, this time the ex is refusing to produce any Income and Expense Declaration or any information supporting the income and expenses (ie-bank statements, credit card statements and bills). Is there any way to force this issue in the court and get these documents produced? It appears as though the local court system would rather opt to utilize information from approximately three years ago.
Thanks so much for all the help!!
She will be required to produce the Income & Expense Dec for the hearing but to get the other information, you would have to do a formal discover request (Demand for Production of Documents) or a Notice to Appear and Produce.
If necessary, you can subpoena information from his/her employer. You can submit discovery requests. You can file a motion to compel the production of documents.
Generally judges don't look too favorably upon anyone who refuses to provide necessary financial information.
If you have any evidence of income higher than what is otherwise likely to be used by the court you should definitely bring that evidence to the hearing. A judge is likely to give you the benefit of the doubt on this issue if the other party refuses to cooperate.
The court will NOT, as you said, "opt to utilize information from approximately three years ago."
Sonoma Local Rule 9.E.2 states:
"Income and Expense Declaration or Financial Statement (Simplified) forms filed three (3) months or more before the date of the hearing are considered by the court out of date and require the filing of a new Income and Expense Declaration or Financial Statement (Simplified)."
It would be a good idea to read the Sonoma Local Rules that apply to your support matter. Here's the link:
You'll read about your options to obtain relevant info so the court can issue proper orders, and the consequences for a party's failure to comply with the rules.
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