Dear Bluenight:
Greetings. Yes, you may need the check stubs for two years back, but not unless you are told to bring them to court by the judge, a document requesting them, or your attorney. If not, it is their job to prove your income. You may want to have them there to “refute” any numbers they use.
Basically, I am saying that you can use the old paystubs defensively if they try to lie about your income, otherwise, just see if they will use your income now, since it is less. Best of luck in court - and you may want to ask for a court appointed attorney.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Thank you for your quick reply.
Well, my ex. and her attorney works fast. I just received the papers requesting w2’s and check stubs, for 21 months back.
Are you sure that I can request a court appointed attorney? The reason I am questioning this is, I live in another county, I am about two hours away from where this will be heard. I don’t have an attorney because I couldn’t afford to pay one to travel and some don’t go out of county. I called a couple of attorneys in my ex’s county, however, they wanted outragous retainer fees.
Thank you!
P.S. I forgot to mention that this is just a “temporary” child support hearing.
Dear Bluenight:
Greetings. If this is before the child support enforcement agency, you may be able to retain an attorney depending on whether or not you are being held in contempt. If not, you have to get your own attorney.
Here is the deal, get the attorney. If you don’t get an attorney and you get a bad result - YOU CANNOT GO BACK AND FIX IT without extraordinary cost, if you can fix it at all. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Thank you so much.
No question for you to answer this time, just wanted to say the CS is NOT by an enforcement agency. May ex. has her own personal attorney. Must be nice!!
I guess I better take your advise and spend some money for (me) an attorney.
I just love this web-site. It has good advise for us who don’t know our rights. Please keep up the good work.
Hello;
I have a question about child support. If a person is going to owe back CS, and that person is not making as much $'s now as then, will the courts compute the back support on what the wages were then or now? Also, will the courts ask for w2 forms for that time? Should I have check stubs for about two years back?
Thank you for your info, I am going to court soon and needed to know.
Thank you.