What to do if my ex was just laid off and is seeking modification of child support but when he filed an IE failed to attach his recent payment stubs?

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What to do if my ex was just laid off and is seeking modification of child support but when he filed an IE failed to attach his recent payment stubs?

Do I file FL-396 and serve him with that?

Asked on September 5, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

You should first write him a letter, telling him his I/E is defective and that you are requesting an amended I/E with recent paystubs. 

If he fails to comply, then mail (serve on him by mail) a request for the production fo documents.  If he fails to comply within 35 days, then you can file a motion to compel with the court and the court will compel him to give you the paystubs.

THe FL-396/397 are not the correct forms--as these are intended to get information from the other spouse after the divorce is over with.

 

Best of luck.


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