Post-Judgment Modification of Spousal Support Family Code 3664/Photo by Alexas Fotos from Pexels
You Agreed to Pay Alimony in Divorce
Say you’ve reached a Stipulated Judgment in a long-term marriage. Your wife, who has a law degree, didn’t have a job at time of divorce. Instead of forking over all this money to a vocational evaluator, and paying more for attorneys’, you’ve agreed to pay spousal support under “remarriage, death of both parties, or further order of the Court.”
Financial Circumstances Changed
You just found out she got a job! She was sneaky about it too, using a new name. You don’t know how much money she’s making, and you don’t want to spend money on attorneys until you know it’s worth it to modify. How do you modify without spending a boatload on attorneys’ fees?
Family Code 3664
California Family Code � 3664. Request for production of completed current income and expense declaration_gives you the right to her financial information after the divorce, once a year. (Family Code 3663 limits to once a year so as not to harass people!)
There is a little form you can use, fl396. You can serve this on the other side, along with an fl150 Income and Expense Declaration.
What if They Ignore It?
They would be silly to ignore it, but some people do. If they ignore, perhaps what they are earning is not sufficient enough for them to worry about their income. Or, maybe they’re just litigious. If so, and you find it worthwhile, you can hire an attorney to do more formal discovery, like sub poenas. Then, you will file your post-judgment Request for Order to Modify.
Family Code 3667
Don’t forget about this code section when you ask for attorneys’ fees, along with Family Code 271.
Post-Judgment Modification of Spousal Support Family Code 3664