I had meant to include this in my earlier e-mail question but somehow was unable to “edit”…so…essentially this is a continuation of same. My ex lives with his parents. Am I able to subpeona THEIR bank records to see if there are regular payment being paid to them for his “expenses”. I don’t believe he has any…he says he does. And, possibly, he is paying in cash which would not show on his bank records alone. Also, would I be able to subpeona records from other family members showing any payments to him for any jobs he has done “on the side” that they have paid him for? He has admitted that they pay him for “stuff” and even once slipped up and mentioned that he told them it had to be in cash.
I am not aware of any place that will give you free advise on filling out a financial affidavit. If you look at the local rules for your county, that may give you additional instructions on filling out the financial affidavit.
If you believe he is concealing his income you can subpoena his bank records to see if his spending matches his stated income. You could also ask his sister to fill out an employer wage affidavit. The court may allow you to have some additional records from the business to verify what you are being paid.
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
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.
As mentioned before, I feel that my ex is getting paid one thing on paper and the rest “under the table”. He works for his sister’s company and I know that she has been in IRS trouble (though I don’t know the details). Obviously, we both have to submit financial affidavits but do I have the right to subpeona his sister’s company’s financial records? Do I have to show “good cause” and how would I do that? I have a temporary child support and PSS hearing scheduled Dec. 31st (I,know, New’s Year’s Eve, right? Yeah) so time is of the essence.
Also, is there somewhere I can go to get help filling out the financial affidavit. Some of it I dont’ even understand.