Financial Affidavits/Discovery


#1

You can get copies of his W-2 tax forms. This will show the money paid by paycheck to him. If his sister is paying him “under the table” there may not be a papertrail. You can show the judge that it is highly unlikely he’s getting 8.00 an hour if you can establish a base pay for his type of work. If you truely feel the sister is paying heim under the table, tell her that if she falisifies records, you will report her to the IRS. This may be enough to get her to give you an accurate accounting for his income, or at least settle out of court so she would not have to purger herself by saying that he makes XXXX a year when in fact he doesn’t. Purgery can be punished by jail time, then the IRS get to come in and take what they want.


#2

If your ex is earning more income than he claims than looking at his bank records might be a good place to start. If he is depositing more money than he earns into his bank account than he says he earns, then you can use that to try and prove he is suppressing his income. You can also look at his spending and see if his spending is in line with the income that he allegedly earns.

You can subpoena income information direclty from his employer. Unless, you have some evidence that the business is falsifying records, the court may not let you access to the business’s other records.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I am counterclaiming for alimony and/or PSS. My ex claims he is only paid $8.00/hr. I feel 99.99% sure that this is not accurate. First of all, he works for his sister. She hasn’t always been honest about money matters and has had “issues” (although I don’t know clearly what for, with the IRS). I know for a fact that he has worked extra jobs on the side and was paid cash (because he was telling me this). My feeling is that his sister is probably paying him $8.00 on paper and everything else is under the table. Just of note, many members of his family have been less than honest about financial matters and some have lost jobs due to embezelment, etc. (including my ex). Here’s my question…how can I prove that he makes more money than he is claiming? Of course, I am sending a financial affidavit to his atty. (I am “pro se”). Would the affidavit include his bank records or would I have to subpeona them separately or ask for them by interogatory from his atty.? Also,(very important question) do I have the right (and how would I go about it) to request payroll records from his company? You see, when I asked my ex before to send me proof of his income, he told me that they use an outside company and they don’t have check stubs or letterhead or such and that it would be just a plain white piece of paper. That paper did come and did list the witholdings etc. but is there a way for me to verify this for sure? Is there ANYWAY I can discover if he is hiding money?

I am worried that he will get out of paying alimony based on the fact that (by his claims) he makes less than I do. However, (1) he has very little expense…he lives with his parents and (2) my jobs are “temporary”, “casual” or “seasonal” and I haven’t worked as consistently as he has since his leaving (which was flat out abandonment).

Please help me!!

Also, as far as alimony goes