If he shows up to court without the information the judge told him he had to provide, I don’t see how the judge would think positively on that. You have done what you were asked. I would voice my concerns when the judge gives you the opportunity. There is a reason he’s not giving you the data. Let him face the judge and try to justify.
If your husband has failed to produce to the court evidence that he was required to produce, it is very likely the court will accept the W2 that you have and prohibit him from entering any contradictory evidence.
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Helena M. Nevicosi
Attorney with Rosen Law Firm
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I am representing myself in a cs modification case. I filed a motion for child support modification on June 9. On July 9, we had a pretrial hearing and ex had not submitted wage and tax return info. Judge told him he had to do so by July 21. He did not mail to me until July 28 but without his tax return info. Keep in mind I believe Ex is the owner of the company he says he works for. He keeps claiming he does not own company that is named after him + he is making extreme efforts to say his income has been reduced just recently.
Since I did not get tax return info I tried to get a continuance so I could try and get it. Judge’s case worker says judge will not grant it that we need to come to court Aug. 8. Case worker said that judge will see tax return info is not in file and she will decide what to do.
I guess im feeling a little nervous bcause i don’t feel prepared. My question is will judge base modification on 2007 w2 which i have. Please note ex is making about 150,000 per year by his 2007 w2. I only make 44,000. He has been paying 500 per month child support for the last eight years and it has never been modified (this figure was based on him making 38,000 eight years ago). We have child support order and custody consent order and I have primary custody.
Can someone give me some advice that might help ease my mind?