FORM FL-396: Obtaining Updated Income Information After Judgment

Posted December 5, 2023

California Form FL-396 lets a party request updated income and expense information from the other party after a support judgment, even when no motion to change support is pending.

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). When no motion to modify or terminate support is pending, this procedure may be used no more than once every 12 months.

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.

Who Can Use Form FL-396?

After a judgment of divorce, legal separation, or parentage that provides for support, either the party paying support or the party receiving it may request updated financial information. The receiving party’s assignee may also use this procedure. FL-396 helps determine whether to seek a change in child, spousal, or family support; it does not itself change the existing support order.

How Is FL-396 Served?

Have someone who is at least 18 and is not a party to the case serve the completed FL-396 and a blank FL-150 on the other party directly. Service may be completed personally or by certified mail, postage prepaid, with return receipt requested, to the party’s last known address. The server must complete the appropriate proof of service.

What Must the Recipient Return, and When?

FL-396 directs the recipient to return a completed, signed Income and Expense Declaration (FL-150) within 30 days after service, together with the required state and federal income tax returns. Include the supporting income documents required by FL-150. Confirm the applicable response date based on the method of service.

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.

What if the response is missing or incomplete?

If no response is received within 35 days after service, or wage information is incomplete, Family Code section 3664 permits a request for limited income and benefit information from the other party’s employer. That procedure has separate notice and privacy requirements; employer compliance is generally voluntary unless a court order or the required agreement applies.

If the requesting party later files a motion to modify or terminate support, the court may impose sanctions for an incomplete, inaccurate, or bad-faith declaration, including missing required tax returns. Sanctions may include qualifying costs of the motion and obtaining accurate information. Noncompliance does not automatically change the support order.

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, CFLS

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.