FAMILY RULE 3: CHILD, SPOUSAL AND PARTNER SUPPORT
A. INITIAL SUPPORT MOTIONS
B. COMPUTER SUPPORT PRINTOUTS
C. TEMPORARY SPOUSAL OR PARTNER SUPPORT FORMULA
D. INCOME AND EXPENSE DECLARATION/FINANCIAL STATEMENT (SIMPLIFIED)
E. TAX RETURNS
- F. SEEK WORK ORDER
- G. CHILD SUPPORT HEARINGS IN DCSS MATTERS
All initial motions for child, spousal or partner support shall be calendared within 30 calendar days of the filing of the Request for Order, except upon the request of the moving party for additional time.
A computer support printout shall be attached to the pleadings or submitted to the Court at the hearing by both moving and responding parties when child support or temporary spousal or partner support is at issue (but not permanent spousal or partner support).
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. (Please refer to the Family Rules Appendix: Discretionary Policy Statements for the Family Law Division.)
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 three months prior to the hearing, as 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 forms 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 may result in the Court’s refusal to consider the forms, 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.
The parties shall bring to the hearing at least three legible copies of their most recent state and federal income tax returns 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 paystubs for the prior year-end showing all income for the prior year. The Court 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.
The Court may issue orders requiring a party to actively seek employment, provide a monthly report of job search efforts, and promptly notify the other party when employment is obtained. When a Seek Word Order issues, Attachment FM-1120 may be used.
(1) All hearings to establish, modify, or enforce child support orders in cases where Department of Child Support Services (DCSS) is involved shall be set on the DCSS calendar when appropriate.
(2) Transfers: If an APJ or other judicial officer transfers or continues a child support matter to a DCSS calendar, the moving party shall provide a filed-endorsed copy of the moving papers and the Court’s transfer order to DCSS. The responding party shall provide a filed-endorsed copy of any responsive pleadings to DCSS. Failure to do so may result in another continuance to give DCSS proper notice of the hearing and pending issues.