Income verification


#1

I’m interested in the response to this one as well.

Child support is supposed to be paid by both parents, based on variables including the income of both parties. My ex wife has never revealed her income to me, so I have no way of knowing for sure if we are calculating CP correctly. I, too, had her tax return and other income verification documents subpoenaed, but they were never produced.

I don’t understand how anyone can consider it fair for me to pay a certain amount of CP when her income isn’t included in the figures. I’m happy to support my children… but I think I’m paying more than should be required. Caring for children financially should be the responsibility of both capable parents - not just the father (especially when the mother made a choice to leave the marriage).

This seems to be a way that she can get alimony from me when it wouldn’t have been available otherwise since she had an affair and abandoned the marriage.


#2

June of 2008 will be three years since the last time child support was calculated. The guidelines have a presumption that every three years there has been a substantial change in circumstances and child support can be modified. I would suggest you wait until June of 2008 and file a motion to modify child support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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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

The Final Orders in my case calculated the ex’s income based on speculation only. Income tax returns were not used and the Court reduced his income by almost 60,000 based on nothing but the “speculation” that his income would drop. Did not average it over a 5 year period which would have been substantially more than the Orders claim. The trial was held in June of 2005 and I never, ever saw income tax returns for 2005. Last time I went to Court, I had subpoenaed the income tax returns, but the returns were never turned over. So, no one really knows how much he makes. Is there anything I can do? Thanks.