For many years a concept has developed in the family law arena where a parent has been ordered to pay support and is in arrears to some extent in connection therewith.
The Civil Code provides for what is commonly known as Debtors’ Exam where a Creditor can compel the Judgment Debtor (of any sort) to answer the questions concerning his or her assets, income etc.
In the family law context, however, the defaulting parent has often argued that he or she should NOT be required to respond to the questions and/or submit documents pursuant to a subpoena dues talcum that might incriminate him or her.
In the recent case of Marriage of Sachs (February 1, 2002) DJDAR 1311, the Court of Appeal was faced with this exact situation, in which the father was in arrears in connection with support. The Court stated, "We must balance the competing interests: Jeffrey's interest in avoiding self incrimination and Gail's interest in the disclosure of information that could enable her to collect the support that Jeffrey owes her and the children." The Court then engaged in and extensive and exhaustive discussion of the competing interest of the Fifth Amendment in protecting a debtor versus the right of children to be properly supported under the court in citing Cal. Fam. Code Sec 3552 ( the parties to a family law proceeding involving child and/or spousal support must submit tax returns) that Jeffrey must submit to a Debtors Exam at which time Jeffrey must submit his tax returns and Gail may question him regarding their contents- subject only to confidentiality - even if the income disclosed on those returns result from criminal activity.
Simply stated, this decision clarifies the law in the family law arena where the debtor must answer fully all questions concerning his tax returns, and the tax returns themselves must be produced!
It will be interesting to know whether or not the Supreme Court grants a review.
P.S.: We represented wife #3
