California Child Support Guide / Changing support and exchanging information
California provides a procedure for obtaining updated income information after certain support judgments even when no modification motion is pending. The procedure can help a parent determine whether to seek a change. It is not unlimited discovery, and its forms, frequency limits, service rules, and privacy protections must be followed.
Start with the existing judgment and any provisions requiring periodic income exchanges. A specific order may create obligations in addition to the statutory procedure.
Family Code section 3664 permits a qualifying request for a current Income and Expense Declaration after a support judgment.
The Judicial Council’s form FL-396 explains the request. It calls for a completed FL-150 within 30 days and describes the required tax-return attachments. The procedure is generally available once a year even without a pending matter.
Use the current form and confirm that the judgment and parties fall within the statute.
The form directs that the request be served on the party, not merely on an attorney who previously or currently represents that party. Section 3664 specifies permitted service methods.
Do not assume an ordinary email to former counsel starts the statutory response period. Keep the completed request and proof of proper service.
If the other parent’s address is uncertain, obtain advice about lawful service rather than sending sensitive records to an unverified location.
Section 3665 requires the relevant tax-return exchange and restricts disclosure of the other party’s returns.
Do not post them publicly or distribute them to people unrelated to the proceeding. Share them only as permitted by law and any protective order.
This exchange procedure differs from ordinary court-filing instructions for an FL-150. A requirement to exchange tax returns does not necessarily mean they should be filed publicly as routine attachments.
Section 3664 provides a limited employer-information procedure under specified conditions, including a failure to respond within 35 days or incomplete wage information. That procedure includes notice and privacy protections and is not the same as an unrestricted subpoena.
Employer compliance is not automatically compulsory absent the required legal basis. Use the statutory forms and process rather than demanding confidential personnel records informally.
A later modification proceeding may permit further discovery and potential sanctions under section 3667 when the statutory requirements are met.
Compare current earnings with the figures underlying the existing order. Review bonuses, benefits, business income, tax assumptions, parenting time, and other relevant changes.
A larger salary does not necessarily produce the support increase a parent expects. Both parents’ information and the complete calculation matter.
If the response reveals a material discrepancy, identify what additional records are necessary and whether a modification request should be filed promptly. Waiting for perfect information can create timing problems.
Explain what is missing: a pay statement, an omitted schedule, an unexplained income category, or inconsistent figures. Avoid treating the annual procedure as permission to investigate every aspect of the other parent’s life.
Where business income or hidden accounts are genuinely disputed, formal discovery in a pending proceeding may be necessary. The annual declaration procedure is a starting point, not a substitute for every available discovery tool.
The FL-396 request calls for the completed declaration within 30 days. The separate employer procedure in section 3664(b) becomes available if there is no response within 35 days of service or the response is incomplete as to wage information. These are different steps; the additional five days should not be described as extending the form’s response deadline.
Section 3664(e) specifies personal service or certified mail, postage prepaid, return receipt requested, to the last known address. The initial request is directed to the party. The later employer-request notice has its own requirements, including notice to the employee or the employee’s attorney. Use the applicable forms and verify service rather than relying on an informal message.
The employer request is limited to income and benefits provided to the employee. Its production date must be at least 15 days after the request is issued. The employee must receive the required notice before that date and may seek to quash or modify the request under Code of Civil Procedure section 1987.1.
The form does not make voluntary employer cooperation compulsory. Section 3664 expressly preserves that distinction, subject to a court order or the specified agreement. It is not authority to demand unrelated personnel, medical, or disciplinary records.
An FL-396 request gathers information; it is not itself a motion to modify support. A parent who expects to seek a change should evaluate the filing date and applicable retroactivity rules promptly. Months spent awaiting information can affect the relief available.
For example, an unexplained rise in commissions may justify a focused income request. Whether to file a modification request before receiving every supporting record is a separate question requiring review of the existing order and available evidence. The information process should support that decision, not obscure it.
Under section 3667, sanctions may be available after the requesting party subsequently files a modification or termination motion and the statutory findings concerning an incomplete, inaccurate, or bad-faith response are made. Fees or costs are not automatic merely because the parties disagree about income.
The statute permits qualifying requests by either side.
No. A proper agreement or court order is still needed.
Frequency limits and other discovery rules apply.
Preserve the evidence and obtain advice about appropriate discovery, motion practice, and any available sanctions.
Edgar & Dow helps parents evaluate postjudgment financial changes and pursue proportionate, lawful information requests.
This article provides general information about California law. For advice about your case, contact Edgar & Dow at 951-684-6885.
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