Can I get his financial records?

[KristineIowa]

What is the name of your state (only U.S. law)? Iowa

Hi -

I have a divorce hearing coming up at the end of September. There are no children and no house to be included. This is a simple division of debt and alimony.

My husband makes $100,000 a year (almost exactly) and I make $26,500 per year. The hearing is to determine what he must pay me in legal fees, credit card debt and alimony.

He filed for divorce and asked me to move out, which I did. I have this verified on a court document.

My question is, so that I may verify his finances, am I entitled to the following information?

Bank account statements (not joint - his)
Credit Card statements (not joint - his)
Cancelled checks - his
Rental history - his

since separation until present for all items. I know he has been living with a girlfriend and has been since shortly after separation but I cannot afford to hire a PI.

His living expenses become important as he has rented a short term lease dive apartment just to have a rental agreement on paper for the hearing. I know he is not living there.

Iowa is a no-fault state so it is a simple division of assets, but his ability to pay is important. If he is faking financial obligations, am I entitled to the above information in order to disprove it?

Thanks in advance!

 

[mistoffolees]

What is the name of your state (only U.S. law)? Iowa

Hi -

I have a divorce hearing coming up at the end of September. There are no children and no house to be included. This is a simple division of debt and alimony.

My husband makes $100,000 a year (almost exactly) and I make $26,500 per year. The hearing is to determine what he must pay me in legal fees, credit card debt and alimony.

He filed for divorce and asked me to move out, which I did. I have this verified on a court document.

My question is, so that I may verify his finances, am I entitled to the following information?

Bank account statements (not joint - his)
Credit Card statements (not joint - his)
Cancelled checks - his
Rental history - his

since separation until present for all items. I know he has been living with a girlfriend and has been since shortly after separation but I cannot afford to hire a PI.

His living expenses become important as he has rented a short term lease dive apartment just to have a rental agreement on paper for the hearing. I know he is not living there.

Iowa is a no-fault state so it is a simple division of assets, but his ability to pay is important. If he is faking financial obligations, am I entitled to the above information in order to disprove it?

Thanks in advance!

You can ask for anything that's relevant. I'm not sure how his rental history is relevant, so he'll probably object.

You can ask for the above, although the judge may decide that providing months (or years) of canceled checks is unduly burdensome.

You left out pay stubs and tax return information - which might show income that he has hidden from you.

Also, ask for permission to access his credit report and a listing of all assets he owns either in whole or jointly with anyone else.

 

[KristineIowa]

If he is living with his gf, who owns the home (and has since before our separation) and he is not verified to be paying rent, then he has no living expenses and has additional discretionary income.

He is a public employee - I can get his pay stubs already. I also have his credit report. I don't believe he has other assets.

Thanks again.

You can ask for anything that's relevant. I'm not sure how his rental history is relevant, so he'll probably object.

You can ask for the above, although the judge may decide that providing months (or years) of canceled checks is unduly burdensome.

You left out pay stubs and tax return information - which might show income that he has hidden from you.

Also, ask for permission to access his credit report and a listing of all assets he owns either in whole or jointly with anyone else.

 

[mistoffolees]

If he is living with his gf, who owns the home (and has since before our separation) and he is not verified to be paying rent, then he has no living expenses and has additional discretionary income.

You don't know that. He could be paying the living expenses. If you get his canceled checks, you'll know whether he's paying anything or not, so having his rental history doesn't really tell you anything new.

Furthermore, it's not clear that living expenses are a part of the alimony determination in IA. They certainly won't affect any award of legal expenses.

 

[KristineIowa]

Right - he has stated that he is paying them, but they could be cash, direct deposit, whatever. I just want to verify it. If he is paying rent to his gf, fine. Or if to a landlord, fine. But I don't think he is and need some sort of proof. A lease agreement and the date on it could be important if that date falls well after he had stated he was paying rent.

You don't know that. He could be paying the living expenses. If you get his canceled checks, you'll know whether he's paying anything or not, so having his rental history doesn't really tell you anything new.

Furthermore, it's not clear that living expenses are a part of the alimony determination in IA. They certainly won't affect any award of legal expenses.

 

[mistoffolees]

Right - he has stated that he is paying them, but they could be cash, direct deposit, whatever. I just want to verify it. If he is paying rent to his gf, fine. Or if to a landlord, fine. But I don't think he is and need some sort of proof. A lease agreement and the date on it could be important if that date falls well after he had stated he was paying rent.

It may not matter one bit. As I said, expenses are not one of the factors specifically listed as affecting alimony in IA. It may not matter.

 

[KristineIowa]

Thanks - but "maybe not" is also "maybe" so all the judge can do is say no so it can't hurt to ask.

 

[mistoffolees]

Thanks - but "maybe not" is also "maybe" so all the judge can do is say no so it can't hurt to ask.

Wrong. It can hurt.

If you come across as greedy and unreasonable and are demanding things that you really don't have any right to, the judge can rule against you.

 

[KristineIowa]

Who is demanding? I am making a request. She can say yes or no, but it is not like I am going to storm into her chambers pounding my fist or anything.

I have a good rationale for wanting to know and I will be respectful in the request.

Wrong. It can hurt.

If you come across as greedy and unreasonable and are demanding things that you really don't have any right to, the judge can rule against you.

 

[Bali Hai]

Wrong. It can hurt.

If you come across as greedy and unreasonable and are demanding things that you really don't have any right to, the judge can rule against you.

Right on point misto.

 

[mistoffolees]

Who is demanding? I am making a request. She can say yes or no, but it is not like I am going to storm into her chambers pounding my fist or anything.

I have a good rationale for wanting to know and I will be respectful in the request.

No, you don't. There is no legal rationale for wanting to know his rental history.

What you're doing is known as 'fishing'. Some judges don't mind and some get royally ticked off.

The whole process will be far easier and less expensive if you don't make unreasonable demands (and, yes, a subpoena is a demand).

 

[KristineIowa]

OK, how about a discovery request? Another attorney responded that these items are common (account statements, credit cards, property payments also) in such a request.

 

[mistoffolees]

OK, how about a discovery request? Another attorney responded that these items are common (account statements, credit cards, property payments also) in such a request.

I think I've already said that you can request his account statements.

But your insistence on knowing his rental history is over the top.

 

[KristineIowa]

...then he can deny the request, of course.

 

[Silverplum]

...then he can deny the request, of course.

Back to Square One.

I guess you have it figured out and will do what you will do. Good luck.