Income Verification


#1

We will be eligible to complete our divorce in January but I have one issue. My wife left her job and started her own business and has stated that currently she has no income. I was able to get her income imputed to her former salary for support purposes but I want an annual income verification beginning in Jan. 2015 to confirm she still qualifies for my support payments in case her business turns profitable. I don’t want to keep subsidizing her expenses by sending her support checks every month for 13 years when we have the kids the same amount of time and just keep taking her word for it that she hasn’t made any more money than her former salary amount. I have proposed this amendment to the separation agreement and she rejected it. Is there any way for me to compel her to accept this verification as part of the final divorce process?


#2

If you can settle everything except this one point, you could take child support out of the separation agreement, and take that one issue to court. That would allow you to seek modifications whenever appropriate and get her income verified through the court.


#3

Just to clarify, the separation agreement has been signed/notarized and in effect for some time now. Can I still go to court over just the one issue? By going to court, do you mean my only recourse is to file a lawsuit, many thousands of dollars and months in court or is it a simpler process for this?


#4

If you have already entered a separation agreement that contains provisions regarding child support, the issue of getting her to agree to income verification in the future is moot, and I would need to review the agreement to advise you how to deal with a potential modification in the future. You should have a consultation with an attorney in your area to address your concerns so you know how you expect to act in the future.