HOLLYWOOD
06-08-2005, 03:53 PM
My Husbands X Is Asking For Anything That Has To Do With Money Such As Retirement,401(k)'s, Credit Reports, Reports On Whether We Or He Has Tried To Get Credit, Bank Statements, Cancelled Checks, Interest, Deeds To Real Estate, Life Insurance. Anything That Will Increase Or Possibly Increase Her Child Support. I Have 2 Boys In My House All The Time And Their Father Gives No Support Whether It Be Moral Or Monetary. Can Her Lawyer Legally Sequesture These Private Documents. And Can They Be Used To Hike His Child Support Even Higher? Can We Also Ask For Her To Show The Very Same Items? Thanks
did you read my earlier post to you
the only factors that the judge needs is your husbands income
write the letter that i advised you to and supply only husbands income documents
there is no reason to ask for joint bank statements and unless a judge orders you to refuse to supply them
the only instance that the step parents income is used in almost any state is if the obliger ( your husband ) is deliberately under employed or you are supporting him.
I would in turn request her documents and also ask for a deduction for one or both of the children for your income tax returns.\
basis for this request would be that your dh supplies 800 a month in support and deserves a deduction for one or both children depending on her salary
if she makes 1000 a month he deserves both deductions due to the fact that his child support supplies over 50 % of the support for both children
if she makes 2000 a month divide her income by 3 arriving at him supplying over 1/3 of her total income so his support reaches the irs guidelines for percentages to deserve the tax deduction for one child.
following me here
i would also counter with a motion that she recieves too much support already especially if she only works part time or less than a 40 hour work week
rini
elklaw
06-10-2005, 09:51 AM
Rini gave good advice. Generally, the income of the parents is to be considered and if this is child support review, she should be providing documentation too and if not, seek it out in discovery or get a court order to get it. I suggest going to look at the child support guideliens for your state and its supporting policies to get an idea of the process. Spousal income is usually a secondary considerationg unless there is a benefit to the spouse. If the court does not order you to, do not send it in and if the court orders you, challenge it even if you have to get your own counsel to do so. I doubt the mother will get an increase if you counterattack about her income earning capacity and underemployment.