What is a Request for Production of Income and Expense Declaration After Judgment?
If you have an order for child, family, or spousal support, that does not limit the court's power to modify the amount or duration of the support. You may be able to file for a modification of the support order if there is a change in either party's income. A motion for modification or termination of support does not need to be pending in court for you to file a Request for Production of an Income and Expense Declaration After Judgment. This request can be made no more than every 12 months (Family Code §3663).
How to Make the Request
In this situation, either party has the right to serve on the other a demand for a completed Income and Expense Declaration, and copies of the last federal income tax return. Fill out the mandatory use Judicial Council Form FL-396: Request for Production of an Income and Expense Declaration After Judgment, and have it served with a blank copy of the Income and Expense Declaration Form (Judicial Council Form FL-150).
Service of the Request
You must have the Request for Production of an Income and Expense Declaration After Judgment FL-396, along with a blank Income and Expense Declaration (FL-150) served on the other party, either personally or by mail, to the other party's last known address (Family Code §3664(e)). The documents get served on the party, not on the attorney who represented them.
You cannot serve the documents; they must be served by someone who is not a party to the action, and over 18 years of age. The person performing the service must sign a proof of service form stating what they served, who it was served on, and the date of the service. If you are having the Request for Production of an Income and Expense Declaration After Judgment, along with a blank Income and Expense Declaration served by mail, there is a proof of service section on the FL-396 form that you can use. If you are having the documents personally served, you can use the Proof of Personal Service FL-330 form. The person performing the service must fill out and sign the Proof of Service section on page two of FL-396 or the Proof of Service FL-330 Form. Retain the original Request (FL-396), with the signed Proof of Service, for your files.
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