Proof of income


#1

Hopefully an attorney can answer this because I would think it’s possible to subpeona her employer for proof of her wages, or that you could request that the courts require proof such as her finacial records for the last year. Especially if your husband is providing proof of his income. I guess you could always have her asked in court about her earnings, they would assume that under oath she would be accurate. If you suggest to the court that you do not believe this is an accurate amount and you are right, that would be perjury…
Also, you would need to make sure that the purchases you mentioned couldn’t be explained as bought on credit or someone helped out…

But then I think about my own earnings in the last couple of years. I am given an annual raise per year in September from the company I work for but every year in January, my insurance premiums also increase. In January of 2006 our insurance increased so much that I was bringing home $20 less than I was PRIOR to my raise in September 2005.
And I think of my husband who owns his own business, pays out more in child support than he would ever have to with the calculator even if she had primary custody. His child support could be re-evaluated but it will never increase. His salary stays the same every year…


#2

If you have a valid reason to suspect her income has increased, you can file a motion to modify child support. You can send a formal request for her income information and she would be obligated to respond.

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

Durham & Chapel Hill Office
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

In your reply - you said “you can send a formal request for income”. How is the done? What form can I use?


#4

In Wake County there are initial disclosures both parties are obligated to make initial disclosures. If there are no initial disclosures required by your county, you can file a request for production of documents, and ask for the documents that you need.

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

Durham & Chapel Hill Office
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.


#5

We are considering filing for a modification of support. Somehow the ex’s income has not varied for the past 4 years ( and 1 other modification). While this is certainly possible, we find it suspect considering certain purchases she has made. Is it possible to ask for some sort of proof of this? Is this handled through child support services? Can we request any special documentation of her income?