Motion to Modify


#1

In Wake County when anyone files a motion to modify child support, the court has documents each party is required to disclose. That includes a copy of each sides W-2’s and State and Federal tax returns. You can obtain a copy of the Wake County local rules at www.nccourts.org.

Hope you find this information helpful.

Helena M. Toft
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Dear TheResearcher:

You can always request additional information through Requests for Production of Documents which is a discovery tool allowed in litigation.

You will need to ask for credit card/sales receipts to prove that they are not lowering their numbers artificially. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#3

We are applying for a motion to reduce child support. The ex spousals income is based on sales activity. Proof of a quarter may not reflect actual income. Can I request a W2 or is each spouse required to bring whatever proof they can muster to show income? How can you ensure they are showing accurate information and not low-balling?