FAMILY LAW BLOG

Friday, August 21, 2009

What is a current income and expense declaration?

You will find that all parties have to file current income and expense declarations.  What are these?  What is considered current? This is what the rules actually say: 

Current” declaration: Regardless of when the OSC or motion is filed, a party's income and expense declaration must be “current” as of time of the hearing. [Marriage of Tydlaska (2003) 114 CA4th 572, 575, 7 CR3d 594, 596—support modification properly denied outright because applicant spouse had no “current” income and expense declaration on file]
An income and expense declaration is “current” if completed within the past three months unless the pertinent facts have changed at the time of the hearing (in which case, a new declaration must be prepared). [CRC 5.128(a); see S.D. Super.Ct. Rules, Div. V, Fam. Law Rule 5.6.2—“current” income and expense declaration must be executed within 90 days of hearing]

California Rules of Court 5.128

(a) A current Income and Expense Declaration (form FL-150) or a current Financial Statement (Simplified) (form FL-155), when such form is appropriate, and a current Property Declaration (form FL-160) must be served and filed by any party appearing at any hearing at which the court is to determine an issue as to which such declarations would be relevant. “Current” is defined as being completed within the past three months providing no facts have changed. Those forms must be sufficiently completed to allow determination of the issue.
(b) When a party is represented by counsel and attorney's fees are requested by either party, the section on the Income and Expense Declaration pertaining to the amount in savings, credit union, certificates of deposit, and money market accounts must be fully completed,