Rule 5.260.General provisions regarding support cases
Division 1. Family Rules · Chapter 9. Child, Spousal, and Domestic Partner Support · Article 1. General Provisions · Adopted 2013 · no amendments on record · Last verified September 10, 2026
Full Text of Rule 5.260
Plain-English Summary
The disclosure rule is unqualified: for all hearings involving child, spousal, or domestic partner support, both parties must complete, file, and serve a current Income and Expense Declaration. The requesting party files it with the request; the responding party files it with the responsive declaration. “Current” has a definition worth knowing — completed within the past three months, provided no facts have changed, and filled in fully enough to let the court make an order.
A simplified financial statement may stand in for child support hearings where the party qualifies. It is expressly not appropriate for determining or modifying spousal or domestic partner support, for family support, or for attorney’s fees and costs.
Departing from guideline child support takes work. A party contending the guideline figure is inappropriate must file a declaration stating the amount they say is proper and the factual and legal bases for the deviation. The court may deviate for good cause shown, but must state its findings in writing or on the record. A stipulated agreement below guideline must carry either the non-guideline findings attachment or conforming language.
Two more requirements are easy to miss. A request to change a prior support order must include specific facts showing a change of circumstances — except that no change need be shown to raise a previously agreed child support order that was below guideline. And where the local child support agency is providing enforcement services or has intervened, the requesting party must give it timely notice of any request to establish, change, or enforce support.
Frequently Asked Questions
How recent does my Income and Expense Declaration have to be?
Completed within the past three months, provided no facts have changed, and sufficiently completed to allow the court to make an order.
Can I use the simplified financial statement?
In child support hearings, if you meet that form’s requirements. It is not appropriate for determining or modifying spousal or domestic partner support, family support, or attorney’s fees and costs.
What do I need to show to change a support order?
Specific facts demonstrating a change of circumstances — except that no change of circumstances need be shown to change a previously agreed child support order that was below the guidelines.
What if I think guideline support is wrong in my case?
File a declaration stating the amount you say is proper and the factual and legal bases justifying a deviation under Family Code section 4057. The court may deviate for good cause and must state its findings in writing or on the record.
Amendment History
Rule 5.260 adopted effective January 1, 2013.