Need for Income & Expense Dec. (FL-150) in Child Support Modification

The consequences and rules for “timely filings” of income and expense declarations in the context of support modifications was discussed in the recent case of In re Marriage of Tydlaska 2003 DJDAR 13839

Lee and Darlene Tydlaska received a judgment of  divorce in September 2001 after a 27 year marriage.  Lee was ordered to pay, pursuant to the judgment, child support of $2,185 per month and monthly spousal support of $4,000. In December 2001, Lee filed an Order to Show Cause to modify child and spousal support. At that time, Lee provided an income and expense declaration dated December 24, 2001, showing his gross monthly income at that time was $10,423. At the hearing for the order to show cause in February 2002, the court appointed a special master to determine Lee’s income. The special master filed his report with the Court in July 2002. The special master found that for the year 2001, Lee’s gross income was $11,983.00. The Court held a hearing on August 8, 2002 and denied Lee’s request to modify support because Lee did not have a current income and expense declaration filed. Lee appealed the decision and the appellate court sustained and upheld the trial court. Continue reading →

New Mate Income

In the recent case of Romero v. Romero, [2002 DJDAR 7773, July 11,2002], the Fourth Appellate District has given the strongest statement to date regarding the application of Family Code Section 4323(b) with regards to a trial court’s ability to consider directly or indirectly a subsequent spouse’s or non-marital partner’s income in determining or modifying spousal support. Continue reading →

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