Family Law – When You Need To File An Income And Expense Declaration (FL-150)

FAMILY LAW – WHEN YOU NEED TO FILE AN INCOME AND EXPENSE DECLARATION (FL-150)

A question that comes up in family law matters is: When do you need to file an Income and Expense Declaration (FL-150)?

There are several instances where a party must file an Income and Expense Declaration (FL-150).

Pursuant to Family Code section 2104, the Petitioner must serve on the other party the preliminary declaration of disclosure which includes the Income and Expense Declaration (FL-150). Family Code section 2104(f) sets forth the time frames for serving preliminary disclosure documents: 

(f) The petitioner shall serve the other party with the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation, or within 60 days of filing the petition. When a petitioner serves the summons and petition by publication or posting pursuant to a court order and the respondent files a response prior to a default judgment being entered, the petitioner shall serve the other party with the preliminary declaration of disclosure within 30 days of the response being filed. The respondent shall serve the other party with the preliminary declaration of disclosure either concurrently with the response to the petition, or within 60 days of filing the response. The time periods specified in this subdivision may be extended by written agreement of the parties or by court order. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=6.&title=&part=1.&chapter=9.&article=

 

California Rules of Court, Rule 5.260, (California Rules of Court: Title Five Rules) states that a current Income and Expense Declaration (FL-150) must be served and filed on all parties as follows:

  1. For all hearings that involve child support and/or spousal/domestic partner support. (CRC, Rule 5.260(a))
  2. By a party requesting child support and/or spousal/domestic partner support. (CRC, Rule 5.260(a)(1))
  3. By a party responding to a request for child support and/or spousal/domestic partner support. (CRC, Rule 5.260(a)(2))
  4. The form must be current unless no facts have changed within the past three (3) months. (CRC, Rule 5.260(a)(3)

California Rules of Court, Rule 5.260(c), states that an Income and Expense Declaration (FL-150) must be submitted with any request to change a prior child support or spousal/domestic partner support order to demonstrate a change of circumstances.

California Rules of Court, Rule 5.260(e), provides the guidelines for the Income and Expense Declaration (FL-150) during the judgment phase of a divorce case, particularly for a true default divorce case. You may need to file a current Income and Expense Declaration (FL-15) concurrently with the default judgment documents. FL-150 Instructions: When You Need To File The Income & Expense Declaration – Divorce 661

Each case differs so always do your research and consult with your legal team.

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