2019 California Code
Family Code - FAM
DIVISION 9 - SUPPORT
PART 1 - DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 6 - Modification,Termination, or Set Aside of Support Orders
ARTICLE 2 - Discovery Before Commencing Modification or Termination Proceeding
Section 3664.
(a) At any time following a judgment of dissolution of marriage or legal separation of the parties, or a determination of parentage, that provides for payment of support, either the party ordered to pay support or the party to whom support was ordered to be paid or that party’s assignee, without leave of court, may serve a request on the other party for the production of a completed current income and expense declaration in the form adopted by the Judicial Council.
(b) If there is no response within 35 days of service of the request or if the responsive income and expense declaration is incomplete as to any wage information, including the attachment of pay stubs and income tax returns, the requesting party may serve a request on the employer of the other party for information limited to the income and benefits provided to the party in the form adopted by the Judicial Council. The employer may require the requesting party to pay the reasonable costs of copying this information for the requesting party. The date specified in the request served on the employer for the production of income and benefit information shall not be less than 15 days from the date this request is issued.
(c) The requesting party shall serve or cause to be served on the employee described in this section, or on the employee’s attorney, a copy of the request served on the employer prior to the date specified in the request served on the employer for the production of income and benefit information. This copy shall be accompanied by a notice, in a typeface that is intended to call attention to its terms, that indicates all of the following:
(1) That information limited to the income and benefits provided to the employee by the employer is being sought from the employer named in the request for production.
(2) That the information may be protected by right of privacy.
(3) That, if the employee objects to the production of this information by the employer to the requesting party, the employee shall notify the court, in writing, of this objection prior to the date specified in the request served on the employer for the production of income and benefit information.
(4) That, if the requesting party does not agree, in writing, to cancel or narrow the scope of the request for the production of this information by the employer, the employee should consult an attorney regarding the employee’s right to privacy and how to protect this right.
(d) The employee described in this section may, prior to the date specified in the request served on the employer for the production of income and benefit information, bring a motion pursuant to Section 1987.1 of the Code of Civil Procedure to quash or modify this request in the same manner as a subpoena duces tecum. Notice of this motion shall be given to the employer prior to the date specified in the request served on the employer for the production of income and benefit information. An employer is not required to produce information limited to the income and benefits of the employee, except upon order of the court or upon agreement of the parties, employers, and employee affected.
(e) Service of a request for production of an income and expense declaration or for income and benefit information pursuant to this section or a copy thereof shall be by certified mail, postage prepaid, return receipt requested, to the last known address of the party to be served, or by personal service.
(f) The form adopted by the Judicial Council for purposes of the request on an employer described in subdivision (b) shall state that compliance with the request is voluntary, except upon order of the court or upon agreement of the parties, employers, and employee affected.
(Amended by Stats. 2019, Ch. 115, Sec. 40. (AB 1817) Effective January 1, 2020.)
