Timing Requirements for Discovery in Response to Child Support Modification

[BigTangle]

My question involves child support in the State of: CA


How far in advance (# of days) before a hearing must a discovery request be filed on the other party?



My case:
- my ex has filed to modify our existing child support order, claiming change in circumstance.
- extensive discovery is required of me (laundry list of financial documents dating back to 2008)
- I would like my ex to produce similar discovery as well, but fear that the window to do so has passed.


If it is too late per statute, are there other viable options to "get around it"? There has already been one continuance, so not sure if another is feasible.


Guidance greatly appreciated.

[Mr. Knowitall]

I would expect that the court has issued a scheduling order.

If you have missed the deadline set by the court, talk to your lawyer about seeking an extension of discovery.

[BigTangle]

Thanks. I will folllow up with my attorney about an extension of discovery.

[Lawrence084]

Do you live in CA and seeing the child on a regular schedule? If the answer is no the either one of these questions, chances are it does not matter if your ex produces the same paperwork or not.

[BigTangle]

Thanks, lawrence084.

I live out of state but am in CA very often for visitation. My regular visitation (excluding school breaks, holidays, and other special days) is one weekend a month, but I am averaging double that amount of time per month for the last 6 months.

My visitation expenses are high due to flights and maintaining a rental condo in CA. My hope is that these factors will lead to a more favorable child support payment to me.

Other considerations on which feedback is welcome:
- I remarried and have a child with my current wife. My hope is that this qualifies as a hardship and will favorably impact the monthly payment.
- My ex claims she was laid off. My worry is this will lead to sympathy from the court. She is well educated, has advanced degrees and professional certifications, and is in her mid-thirties. Really, there is no excuse for her inability to provide and income potential, hence I am hoping for high imputed income.
- My ex has no rent (lives with parents or boyfriend) and as no need to save for retirment due to massive nest egg, courtesy of her parents. My hope is that additional income is imputed.