FL-396: Obtaining Income & Expense Declaration After Judgment

FORM FL-396: Obtaining Updated Income Information After Judgment

Posted December 5, 2023

Navigating the complexities of child and spousal support in family law often involves meticulous scrutiny of financial details impacting amounts, schedules, and duration. Transparency of financial information, particularly regarding income changes, can be a source of contention. Even without a pending motion for modification or termination, you can proactively request updated financial disclosure using the Request for Production of an Income and Expense Declaration After Judgment (FL-396). This form, usable annually, empowers you to gain clarity on your ex-partner’s financial situation and ensure accurate support calculations.

Form FL-396: A Valuable Tool for Post-Judgment Financial Disclosure

In the state of California, a crucial yet often overlooked judicial council form exists to address these concerns: Form FL-396, Request for Production of an Income and Expense Declaration After Judgment. This form serves as a powerful tool for obtaining updated financial information from the opposing party after a judgment has been finalized.

Understanding the Purpose and Significance of Form FL-396

The primary function of Form FL-396 lies in its ability to request an updated Income and Expense Declaration (Form FL-150) from the other party following the issuance of a judgment. This form plays a pivotal role in ensuring that both parties remain informed about each other’s financial status, potentially leading to modifications in support amounts.

Form FL-396: A Mechanism for Enforcing Transparency and Accountability

In many cases, court orders explicitly mandate that parties disclose changes in their income and financial circumstances. Form FL-396 effectively serves as an enforcement mechanism, ensuring that both parties adhere to this obligation and maintain transparency.

A Unique Advantage: Utilizing Form FL-396 in Inactive Post-Judgment Cases

A notable advantage of Form FL-396 lies in its applicability to inactive post-judgment cases. Unlike most forms of discovery, which necessitate an active case with a pending hearing, Form FL-396 can be utilized even when the case is dormant.

Limited Alternatives for Obtaining Financial Information in Inactive Cases

Without an active case, obtaining financial evidence becomes more challenging. Parties are often restricted to public information, word-of-mouth, private investigations, and other limited sources. In situations where the requested Income and Expense Declaration contains inaccuracies, these alternative sources may become instrumental in determining whether to reactivate the case for further discovery measures such as document demands, interrogatories, requests for admission, subpoenas, and other tools.

Seeking Legal Guidance for Child and Spousal Support Matters

Navigating the intricacies of child and spousal support can be a daunting task. The experienced family law team at Naimish & Lewis is committed to providing comprehensive legal counsel on these and other family law matters. Schedule an initial consultation with our attorneys to gain clarity and guidance tailored to your specific circumstances.

Robert J. Allison, Esq.

Mr. Allison is a resolution-oriented associate attorney in our Family Law Practice. Even-keeled and fact focused, he is able to assist our clients understand their rights and obligations through the stress and smoke and mirrors presented in their divorce, custody, and domestic violence matters. During the initial consultation, and again once facts and evidence have been collected, Mr. Allison provides various strategies to help clients present their cases, considering cost, time, and client needs. He prides himself in not making false promises to his clients and is unafraid to speak the raw and sometimes harsh reality of how a Court will decide a matter given a specific set of facts and circumstances, both to his clients and to opposing parties. Many potential clients share that they are unhappy with their previous attorneys because they felt a lack of communication, an uncertainty about the family law process and timeline, and they do not understand the strategy in their case or the invoices they receive. While the legal process is complex, Mr. Allison attempts to reduce the confusion through a reasonable case management process involving client participation, because a family law case is often the most difficult period of time in a client’s life.