How to Obtain Income Information from Your Ex-Spouse
Complete Judicial Council form FL--396A Family Code ?3660 et seq. request for a completed income and expense declaration must be made on Judicial Council form FL--396 (adopted for mandatory use). [Fam.C. ? 3664(a)]
oThe form is downloadable online (www.courtinfo. ca.gov/forms).
Serve the FormThe request for production must be served personally, or by certified mail, postage prepaid, return receipt requested, to the other party's last known address.
ResponseRequired response-completed declaration and tax returns: The party served with the request must produce a completed, accurate and current income and expense declaration, to which is attached a copy of his or her prior year's federal and state personal income tax returns. However, the tax returns so produced are not to be filed with the court clerk and must be kept confidential; the requesting party may disclose the returns only to the court, his or her attorney, accountant or other financial consultant assisting with the proceeding, and any others expressly permitted by the court.
Employer ProductionThe responding party has 35 days after service of the request to produce his or her completed income and expense declaration (along with attached pay stubs and income tax returns). If there is no response within that time-frame or if the responsive income and expense declaration is incomplete as to wage information (including the attachment of pay stubs and income tax returns), the requesting party may serve on the responding party's employer a request for information "limited to the income and benefits" provided to the party. Form FL--397 (Request for Income and Benefit Information From Employer) is downloadable online (www.courtinfo.ca.gov/forms).