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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9910
Experience:  Experienced Family Law Attorney
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My ex husband just sent me a FL-396 requesting my tax

Customer Question

My ex husband just sent me a FL-396 requesting my tax returns and income and expense declaration. We mediated our divorce two years ago and agreed that because I gave up my career 10+ years ago to stay home with our children he would pay me child and spousal support so that I could continue to stay home and care for our elementary school aged children. I do not have any other source of income. He has a history of harassing and bullying me, and I see this as another tactic to harass me as it is obvious that I don't work as I take our children to school and pick them up daily, etc. Is there a process for objecting to this request or do I have to submit to his bullying every year?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this for you.

Expert:  LegalGems replied 1 year ago.

Unfortunately, pursuant to Family code 3664(a) and 3665, once there is a support order entered by the court, a party may request these type of financial documents annually. If a party fails to provide the requested documents, then the requesting party may seek sanctions, which may include fines, attorney fees, and even contempt charges.

However, since the statute does not preclude the following, a party may motion the court (form FL300) requesting that the FL396 is only to be permitted after a certain interval (ie 2 years; or change of income, etc).

Since child support is always modifiable and is subject to modification based on a change in income, the statute allows for regular discovery of income issues so that a party may request modification if the circumstances so warrant.

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