2015: Do You Need to File a Motion for Child and/or Spousal Support in Your Pending Divorce or Legal Separation in San Diego Superior Court?

A motion for support, whether child or spousal, is called a Request for Order. This is a judicial council form which is mandatory to be used in San Diego Superior Court when filing a motion requesting spousal or child support. There are other mandatory pleadings and one is the Income and Expense Declaration which needs to be completed and also documents attached [paystubs; tax returns; profit and loss statements and all proof of income]. In addition, a declaration {statement of facts} should be attached which gives the factual basis for the support request. There are many requirements including filing and service all of which must be done in accord with California law. The link below is to the San Diego Superior Court Official Website which is an excellent resource for forms and information.

If you are the payee of support, whether child or spousal, a motion needs to be filed as soon as possible. The reason is that the Court will only make orders retroactive to the date of filing. In addition, it may take months to get a court date so filing as soon as possible will give the soonest possible court date. Once the motion is properly filed, then it must be served. After service, the opposing party will send their responsive pleadings and then a reply declaration can be filed. You can also file a notice of lodgment which contain documents which you may not want to file directly with the Court. There are many different forms and pleadings which can be filed and it is important to make sure all mandatory forms and pleadings are included.

There are differences in pre judgment and post judgment support. A pre judgment support order, whether spousal or child support, is calculated by the disso master program in San Diego Family Law Court. Post judgment support for child support is calculated using the same program however post judgment spousal support is not calculated using the disso master program and, instead, is calculated using the California Family Law Code Section 4320 factors. There does not need to be a change of circumstances to modify a temporary child or spousal support order but there does not to be a change of circumstances to modify a permanent spousal support order. Permanent child support orders are always modifiable to guideline even without a change of circumstances.

The law office of Doppelt and Forney, APLC can assist you with the filing of all pleadings and represent you in all court appearances and for your case. In order to make an informed and intelligent decision regarding any settlement, it is crucial to have accurate information about what a Judge would order if you went to court. The law office offers a 30 minute complimentary virtual consultation and has the disso master program available to calculate your support as needed. Feel free to schedule your consultation.