|
|
 |
Family Court Local Rules
FAMILY RULE 3 CHILD, SPOUSAL AND PARTNER SUPPORT
A. FILINGS
B. TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA
A. FILINGS
(Eff. 7/01/09)
(1) DECLARATIONS
Whenever possible, a computer support
printout shall be attached to the pleadings or submitted to the Court at the
time of the hearing by both moving and responding parties in all matters
where child support and/or pendente lite spousal or partner support is at issue
(but not permanent spousal or partner support).
In such matters, litigants are encouraged to attach to their pleadings and
bring to the hearing a computer support printout for any
possible income and time sharing findings the Court may reasonably make. If
it is contended that the requested support is inappropriate, a declaration
setting forth the disputed factors shall be attached to the responding
pleadings. When required by law, declarations must address any changes of
circumstances since any prior order.
(Eff. 1/01/07)
(2) INCOME AND EXPENSE
DECLARATION/FINANCIAL STATEMENT (SIMPLIFIED)
A current Income and Expense Declaration or,
if applicable,
Financial Statement (Simplified), shall be filed by both parties, and served
on the other party in advance of the hearing, when support
is at issue. If an Income and Expense Declaration or
Financial Statement (Simplified) that was filed within the last three months is alleged to be current and relied on, a
copy shall be attached to the moving or responding papers. All blanks on the
form must be answered. Notations such as “Unk.” For Unknown, “Est.” for
Estimated, “N/A” for Not Applicable, and “None” shall be used to avoid
leaving any item blank.
(Eff. 1/01/07)
(3) TAX RETURNS
The parties shall bring legible copies of
their last 3 state and federal income tax returns to the hearing,
including all attachments, specifically including all schedules, W-2 forms,
1099 forms, and amendments. If the tax return for the prior year is not
available, self-employed parties shall bring their most recent profit and
loss statements, balance sheets, quarterly sales tax reports, the last filed
tax return, or similar documentation evidencing income from all sources. If
a self-employed party operates as a corporation, the last corporate tax
return shall also be produced. If the tax return for the prior year is not
available for an employee, that person shall bring paystub(s) for the prior
year-end showing all income for the prior year.
(Eff. 1/01/07)
B.
TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA
Temporary spousal or partner support is generally
computed by taking 40% of the net income of the payor, minus 50% of the net
income of the payee, adjusted for tax consequences. If there is child
support, temporary spousal or partner support is calculated on net income
not allocated to child support and/or child-related expenses. The temporary spousal
support calculations apply these assumptions.
(Eff. 1/01/08)
Family Rules: Summary - 1 -
2 - 3 -
4 - 5 -
6 - 7 -
8 - 9 - Appendix: A - B - C
List of attached Family local forms
|
|
