Legal Question in Family Law in California
income and expense form filed.....
I have been trying to push a divorce through the Ventura Co. courts since 1996 but ever time I try to dissolve the marriage my ex wants to dispute custody or child support or other issues and prolongs the process. We had a court hearing last Dec 2006 where new custody and visitation orders were set but nothing on the finalization of the dissolution. I filed to have a final hearing proper with no order to show cause of stipulations attached. A Mandetory Settlement Confrence was set in July for us and I figured this was the true beginning to the end, however I received in the mail the other day an Income and Expense declaration filed by my ex's attorney. She had filed this last October for the December hearing as well. Does this mean that she is planning to bring in more finacial issues rather than just allow the divorce to be final, or is this a typical form to submit with each court hearing? How on earth can I go about making sure this 11 year old divorce gets completed? Please help!
1 Answer from Attorneys
Re: income and expense form filed.....
You need to consult with an attorney regarding what is happening in your case. The support and custody issues are not final until the last child reaches 18, and the order for spousal support is terminated. It would appear that she is going to file to reconsider support on regular basis. For the court to have jurisdiction to hear a modification of support motion there must be a substantial change in circumstances. That is your income increases, visitation changes etc.