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Modify Child and Spousal Support - California

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  • Modify Child and Spousal Support - California

    Any knowledge or experience on the following would be of great help (California specific info, requested):

    -Paying Spouse is requesting modification of child + spousal support
    -Paying spouse is stating that income has dropped by 60% (very likely to be a misstatement)

    Q1 . Is there a legal ground to subpoena the paying spouse's employer or tax returns? If so, how?
    Q2. What other measures can be taken to demonstrate that the stated income and earnings are not accurate (Paying spouse's employer may have deferred income or any earnings)
    q3. What other objections can be raised to ensure that any modification is based on true circumstances of the paying spouse

    Thanks!

  • #2
    Originally posted by WhizBe View Post
    Any knowledge or experience on the following would be of great help (California specific info, requested):

    -Paying Spouse is requesting modification of child + spousal support
    -Paying spouse is stating that income has dropped by 60% (very likely to be a misstatement)

    Q1 . Is there a legal ground to subpoena the paying spouse's employer or tax returns? If so, how?
    Q2. What other measures can be taken to demonstrate that the stated income and earnings are not accurate (Paying spouse's employer may have deferred income or any earnings)
    q3. What other objections can be raised to ensure that any modification is based on true circumstances of the paying spouse

    Thanks!
    During the process of modification, both spouses will be required to produce pay stubs, tax returns, and other forms of proof of income. Once those are produced, if you have concerns then you can subpoena further documentation.

    Comment


    • #3
      Originally posted by xena View Post
      During the process of modification, both spouses will be required to produce pay stubs, tax returns, and other forms of proof of income. Once those are produced, if you have concerns then you can subpoena further documentation.
      What documents is one able to subpoena in California? Can one subpoena:

      --Tax returns
      --Credit card statements
      --Bank statements

      Comment


      • #4
        Yes, you can.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          Thanks! What is the process one needs to follow to subpoena these documents? Is there a particular form that needs to be used in CA or does the Judge need to approve the subpoena first?

          (FYI - An attorney is not engaged as yet as the person can't afford one)

          Comment


          • #6
            Originally posted by WhizBe View Post
            Thanks! What is the process one needs to follow to subpoena these documents? Is there a particular form that needs to be used in CA or does the Judge need to approve the subpoena first?

            (FYI - An attorney is not engaged as yet as the person can't afford one)
            You need to read your state/local court rules to find out the procedure for serving a subpoena. If you cannot find the rules on-line, try going to the courthouse and checking with your local law library.

            Comment

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