Legal Question in Family Law in California

Regarding my pending divorce, I've been paying spousal support based on original income that was reported by my future ex. That income changed upwards, but she never reported the change to the court. I'm still paying same original support amount. Is she obligated to report her change in income? How can I force the issue ie. what motion, forms, etc.? When it ultimately is reported, can support payment amount be adjusted retroactively?


Asked on 2/07/10, 2:04 pm

1 Answer from Attorneys

The burden is on the paying party to keep on top of the other party's income and bring it to the court's attention when it changes. You need to file an OSC re: modification of support with a new Income and Expense Statement for you and serve a blank one on her with the OSC. The support payment can be adjusted retroactively only to the date of filing for modification, so best to get this on file ASAP.

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Answered on 2/12/10, 3:15 pm


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