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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) COMPUTER SUPPORT PRINTOUTS
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).
(Eff. 1/01/10)
(2) INCOME AND EXPENSE
DECLARATION/FINANCIAL STATEMENT (SIMPLIFIED)
A current Income and Expense Declaration or,
if applicable,
Financial Statement (Simplified), shall be filed and served by both parties
as part of the moving or responding papers if support is an issue. An Income
and Expense Declaration or Financial Statement is "current" within the
meaning of this rule if it was completed and filed within the prior three
months, so long as none of the information has changed. A copy of any
previously-filed Income and Expense Declaration that is asserted as current
must be attached to the moving or responding papers. All blanks on the
form(s) 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, but failure to provide any required information or
to complete all blanks on the form(s) may result in the Court's refusal to
consider the form(s), denial of the requested relief, or a delay of the
hearing. Referring to any separate document, such as "see SAD (Schedule of
Assets and Debts)" is not acceptable.
(Eff. 1/01/10)
(3) TAX RETURNS
The parties shall bring at least 3 legible copies of
their most recent state and federal income tax returns to the hearing,
including all attachments, specifically including all schedules, W-2 forms,
1099 forms, and amendments. If a self-employed party operates as a
corporation, that party shall also bring copies of the most recent corporate
tax return. If the most recent tax returns are not for the prior year, (1) self-employed parties shall bring their most recent profit and
loss statements, balance sheets, quarterly sales tax reports, or similar documentation evidencing income from all sources;
and (2) employees shall bring paystub(s) for the prior year-end showing all
income for the prior year. The Court in its discretion may request
additional tax returns and related documents. Failure to bring tax returns
to the hearing may result in a delay of the hearing on a request for support
or other sanctions.
(Eff. 1/01/10)
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
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