![]() “Discovery” refers to forms and procedures that include the following: 1) Request For Production of Documents 2) Request For Admissions 3) Interrogatories 4) Depositions and 5) Subpoenas. After you file the FL-300, you can use “Discovery” to obtain all kinds of information from your ex-spouse and/or from third parties. If you file an FL-300, then you also have another avenue for obtaining information you may need to win your motion. Have a friend that is over 18 year old mail the FL-396 and then fill out the “Proof of Service By Mail” section that is on page two of the FL-396. You cannot mail the FL-396 to your ex-spouse yourself because you are a party to the action. You can find a blank FL-150 that you can print in our Court Forms Database. When you use the FL-396, you will need to attach a copy of a blank FL-150. Using the FL-396 and FL-397 is a way you can see how much your ex-spouse is earning and then decide if it makes sense for you to file a motion to modify child support and/or spousal support. If you need the FL-397, that form is also in our database. You can click on the “Court Forms” button on the navigation bar to go to our Court Forms Database where you will find a blank FL-396 that you can fill out and print. If ex-spouse fails to send you his or her FL-150 within 35 days, you can send his or her employer a “Request For Income And Benefit Information From Employer” form ( FL-397). Your ex-spouse is required to send you his or her completed FL-150 and the tax returns within 35 days. In addition, the FL-396 requires your ex-spouse to give you copies of their most recent state and federal income tax returns. The FL-396 requires your ex-spouse to complete a new Income & Expense Declaration ( FL-150) and send you the completed FL-150. The FL-396 is a Judicial Council form that you can mail to your spouse once per year after a divorce judgment has been entered. What do you do? You can send your ex-spouse a “Request For Production Of An Income And Expense Declaration After Judgment” ( FL-396). You don’t want to file a motion to modify support, only to find out that your spouse is earning less than you thought and then have the court issue a support order that is worse than the existing order. You can’t run a support calculation to find out if the amount of support should go up or down because you don’t know exactly how much your ex-spouse is earning. Your spouse won’t tell you how much they are now earning. You think your ex-spouse is earning more money, but you are not sure how much more. Getting information about your ex-spouse’s income before you file a motion to modify support: Assume you have been divorced for a couple of years. ![]()
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