![]() Scott Family Law is a Certified Family Law Specialist with more than 35 years of experience. (2) Both parties have completed and exchanged a current income and expense declaration, that includes all material facts and information regarding that partys. If you have questions about the Income and Expense Declaration in your San Diego Family Law case, contact the divorce lawyers at Scott Family Law by calling (858) 974-4900. There are many pitfalls to accurately completing an Income and Expense Declaration, and many of these pitfalls can directly affect the outcome of your hearing. This can require additional hearings, more time, expense, and stress. over three months old) Income and Expense Declaration, it forces the Court either make an inaccurate order, or continue the hearing to allow the parties to update their financial information. When the Court receives an incomplete or “stale” (e.g. Providing the Court a complete and current Income and Expense Declaration will help the Court make accurate orders, which helps both parties. The Court will rely on the Income and Expense Declaration, and perhaps some testimony, to help it make these determinations. The form must be sufficiently completed to allow the court to make an order.” Nearly every item of information sought by the Income and Expense Declaration can have an impact on the Court’s order, so accuracy is paramount.Ī common theme in support hearings is the financial “need” of the party seeking support and the “ability to pay” of the other party. As per Rule 5.260(a)(3): “’Current’ means the form has been completed within the past three months providing no facts have changed. For the Court to rely on an Income and Expense Declaration, it must be complete and current. The Court requires this information to make accurate support and other financial orders, such as awarding attorney’s fees.Ĭalifornia Rule of Court Rule 5.260 goes into more detail. When completed correctly, it lets the Court know what each person’s income is, what their expenses are, and can give the Court a relatively accurate reflection of the current financial situation. The Income and Expense Declaration is one of the most important forms in nearly every Family Law case. Declaration (form FL-150), completed Schedule of Assets and Debts (form. ![]() This form must be used by all parties and accepted by all California courts. Preliminary Declaration of Disclosure (form FL-140), current Income and Expense. The Income and Expense Declaration is a mandatory form, which means the Judicial Council of California requires the form’s use. In Family Law cases, especially when dealing with child or spousal support, this evidence is often contained in the Income and Expense Declaration (FL-150.) Whenever the Court makes any type of order, regardless of the type of case, the Court must rely on admissible evidence. ![]()
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