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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2510
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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1. Is a final FL-150 required to be filed with the court when

Customer Question

1. Is a final FL-150 required to be filed with the court when a divorce is settled prior to trial?
2. If not filed with the court, is it required to be produced prior to settlement, and if so, how long prior to settlement (my ex's was produced 2 years before settlement).
3. Are tax returns required to be produced along w/ the FL-150?
The only FL-150 in my lawyer's file was signed by my ex-husband in 2010. We settled in January 2013.
What should I do? I permanently waived spousal support in the settlement, and was given a very vague child support provision, not an actual amount. 3 children, I have them 65% of the time. Can the court re-open the spousal and child support issues based on lack of financial disclosure? I am in extremely changed circumstanstances. I was the primary breadwinner for 20 years until I lost my business in 2012.
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
Child support can be modified at any time based on a change in circumstances. When no support is ordered, child support can be addressed at any time without a change in circumstances. So you do not need to show omitted assets for this purpose (and assets are rarely related to child support.) If you permanently waived spousal support, though, you would need to vacate the judgment in order to get spousal support now. If the other party failed to disclose assets, you may be able to vacate the order under Family Code 2121 based on failure to comply with the disclosure requirements, if you bring the action within one year after the date on which you either discovered, or should have discovered, their failure to comply. Under Family Code Section 2100, he was required to continuously throughout the proceeding, fully, and accurately update and augment his initial disclosure to the extent there were any material changes so that at the time you entered into an agreement for the resolution of any of these issues you would have a full and complete knowledge of the relevant underlying facts.
Expert:  S. Kincaid replied 2 years ago.
Since property issues can affect a global settlement, it could affect your agreement to terminate jurisdiction over spousal support, or it could affect your property rights. There is a famous California case where a woman did not disclose substantial lottery winnings. After the divorce was final, the husband sought to vacate the order due to this omission. The Court awarded him 100% of the lottery winnings as a sanction against her for failure to disclose.
Expert:  S. Kincaid replied 2 years ago.
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