Legal Question in Family Law in California

In completing the Income and Expense form, I am a full time student with no income. However, my current spouse makes income and pays all the bills. Do I need to include his income and expenses on this form (I presume that I need to file this form as a response to my ex's effort to reduce child support), or just mine that I receive and pay? Also, what if the other party falsifies his I & E form - what recourse is there? Thanks!

Asked on 1/11/13, 11:06 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

There is a space on the I&E form where you list all the people who live with you, whether they contribute to household expenses, and what their incomes are. Your new spouse's income goes there, not in with your income on page 1. Bear in mind that for child support cases, none of the expense information really matters, since it does not go into the Dissomaster calculation. So unless you are claiming hardships, the expenses don't count. Also, new spouses' income only matters because the Dissomaster estimates taxes and withholding, and that is affected by spousal income. The spouses' incomes are not part of the income used to determine income available for support. As for the other side providing false information, like everything else in court - prove it. You are entitled to conduct discovery to find the underlying facts of the other parent's income.

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Answered on 1/11/13, 11:12 am

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