The Annual Income and Expense Demand – Family Code 3664

Support orders are based on income, and income changes. California gives parties a simple tool for keeping track without going to court.

Under California Code Family Code § 3664, a party to a child or spousal support order may serve a request on the other party, no more than once every twelve months, for a completed current income and expense declaration. The request is made on a Judicial Council form, is served by mail, and requires no motion and no leave of court. The responding party must complete the declaration and return it with supporting documents within the time the statute allows.

The declaration is the same form used in court, so it shows current wages, other income, deductions and expenses. If it reveals a material change, either party can then decide whether to file a request to modify support. If the other party fails to respond, the statute allows the requesting party to seek the information by other means and to recover the costs of doing so.

For a paying parent who suspects the other parent’s income has gone up, or a receiving parent who suspects it has gone down, the annual demand is the least expensive first step. It often answers the question before anyone spends money on a motion.