“There are special discovery rules to be used when filing for a modification or termination of a court order. These rules are ‘to permit inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order for child, family or spousal support.’
At any time following a judgment of dissolution of marriage or legal separation of the parties or a determination of parentage that provides for payment of support, either the party ordered to pay support or the party to who support was ordered to be paid or that party’s assignee, without leave of court, may serve a request on the other party for the production of a completed current Income and Expense Declaration (form FL-150).
If there is no response within thirty-five (35) days of service of the request, or if the responsive income and expense declaration is incomplete, the requesting party may serve a request on the employer of the other party for information limited to the income and benefits. The employer may require the requesting party to pay the reasonable costs of copying this information. The request must be served so that the employer has at least fifteen (15) days to respond.
The information that is requested from the employer must also be served on the employee and the attorney of the employee, if represented. The requesting party shall serve, or cause to be served, on the employee described in this section or on his or her attorney a copy of the request served on the employer prior to the date specified in the request served on the employer for the production of income and benefit information. A notice must accompany the request to the employer with a notice that includes the conditions set forth in FC 3664.”
[LW Greenberg, California Family Law]
