Legal Question in Family Law in California

Showing proof of income

I have just been served with an ''order to show cause'' and the boxes checked are: modification of visitation, and attorneys fees. But the proof of service form states that I was served with: ''order to show cause,'' and a completed ''income and expense and a blank income and expense.'' There was no completed ''income and expense'' on the petitioner.

Question: Do I need to submit a completed ''income and expense'' even thought the petitioner and her attorney did not submit one and also because the ''order to show cause'' did not state this is a child support issue--only a modification of visitation. Note: the petitioner is asking that my child(15) be given the option whether or not she wants to visit, which of course if granted could change the % of time and also the support amount.


Asked on 5/04/01, 11:02 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Showing proof of income

The court will need an income and expense declaration in order to decide the issue of attorney's fees. The petitioner should have provided you with an income and expense declaration, served with her moving papers. Most courts aren't terribly concerned that you did not recieve one in a timely manner, so you better be ready to file one, when the petitioner files hers. Also, be ready for a motion to change the child support, that comes next. Good Luck, Pat McCrary

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Answered on 6/19/01, 11:07 am


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