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Bank statements and child support calculation

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thankyou

Member
What is the name of your state?

Just had our first child support hearing for monthly calculation and arrears
calculation. The notice from the court about the hearing date included what
each of us was to bring to the conference. The respondant was to bring past
three years of tax returns as well as bank statements from the past six months.

He did not bring any bank statements and when I brought this us privately to my
attorney, she changed the subject and didn't give me an answer. I am wondering if
he had brought his bank statements, would this have made a difference in the
calculation. I questioned my attorney later and she said all his income shows up
on his tax returns and it wouldn't have really made a difference but a friend who is
also an attorney told me it would have made a difference.

Anyone know how significant bank statements are for child support and arrearage
calculation?
Thanks in advance
 


JesB

Member
If the CS was calculated based on paychecks he presented I don't really see it making a difference. If it really eans that much to you then see what you can do to get them subpoenaed.
 

thankyou

Member
I shouldn't have to have his bank statements supenoed (sp?), he was
required to take them to the hearing and he didn't. Why would they say
he had to bring them and then not say anything about it when he didn't?
 
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StewieGriffin

Guest
thankyou said:
I shouldn't have to have his bank statements supenoed (sp?), he was
required to take them to the hearing and he didn't. Why would they say
he had to bring them and then not say anything about it when he didn't?
Bank statements are not required documents to determine child support. W2's are. Paystubs are. He was required by WHO? It certainly was not (and should not have been) the CSEA.
 

BelizeBreeze

Senior Member
I guess no one bothered to read the original post.

The notice from the court about the hearing date included what each of us was to bring to the conference.
If, in fact, the court did order the two of you to mediation and/or a settlement conference, then he is in contempt of the order. If this was an agency conference ot determine support, then the agency has no subpoena power and he is not in violation.

As for the poster who suggested only w-2s and tax returns are required to show income, that is not only ludicrous but short-sighted.

Many people have income not based on their job. Interest income, overseas income on which interest earned is not transferred into U.S. Banks, property owned outside of the U.S. and case payments not listed on the tax return.

Many times the court requires a full accounting, including bank statements and payment records, list of assets and other such documentation.

as for thankyou, please post here exactly the language of the order and who issued it.
 
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StewieGriffin

Guest
BelizeBreeze said:
As for the poster who suggested only w-2s and tax returns are required to show income, that is not only ludicrous but short-sighted.

Many people have income not based on their job. Interest income, overseas income on which interest earned is not transferred into U.S. Banks, property owned outside of the U.S. and case payments not listed on the tax return.
And the latter is stretching it as it's not applicable/relatable to most.

Many times the court requires a full accounting, including bank statements and payment records, list of assets and other such documentation.
And each of those are separate. What someone has in their bank account doesn't necessarily indicate income. Ever hear of "savings"? In many cases, it's simply being nosey.
 

BelizeBreeze

Senior Member
StewieGriffin said:
And the latter is stretching it as it's not applicable/relatable to most.


And each of those are separate. What someone has in their bank account doesn't necessarily indicate income. Ever hear of "savings"? In many cases, it's simply being nosey.
Stewie, I strongly suggest you not continue this. The plain fact is, you have not yet got an answer right on this forum and if it continues you may not be able to return.

Now, cite one law, statute or administrative act which PRECLUDES the court or advisary party from subpoening such records.

I'll wait.
 
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StewieGriffin

Guest
BelizeBreeze said:
Stewie, I strongly suggest you not continue this. The plain fact is, you have not yet got an answer right on this forum and if it continues you may not be able to return.
Umm...last I checked, you were NOT the moderator. Unless you're posing as Mary and can't handle some shoveling your pile of crap right back at ya.

Or you're the forum narc.

Either way, I can careless, dude. Keep on impressing whoever the hell it is you're trying to.

Now, cite one law, statute or administrative act which PRECLUDES the court or advisary party from subpoening such records.

I'll wait.
And I never stated or challenged any such thing. I realize it's early...but congrats on being able to post while you're head is up your backside since it's clouded your ability to read, BB.

What part of my previous response did you not understand?

If you said "all of it", you won!!!

Clearly you're missing my point: bank statements don't necessarily indicate one's income.

Period.

And you damn well know this.

Unless it's different on your part of Cloud Nine. :rolleyes:

Now, go crying to the Mod. Or look in the mirror. Whichever is applicable.

Don't like my response?

Ask me if I care.
 
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BelizeBreeze

Senior Member
StewieGriffin said:
Umm...last I checked, you were NOT the moderator. Unless you're posing as Mary and can't handle some shoveling your pile of crap right back at ya.

Or you're the forum narc.

Either way, I can careless, dude. Keep on impressing whoever the hell it is you're trying to.


And I never stated any such thing. I realize it's early...but congrats on being able to post while you're head is up your backside since it's clouded your ability to read, BB.

What part of my previous response did you not understand?

If you said "all of it", you won!!!

Clearly you're missing my point: bank statements don't necessarily indicate one's income.

Period.

And you damn well know this.

Unless it's different on your part of Cloud Nine. :rolleyes:
You really need to get ready for school.
 

BelizeBreeze

Senior Member
As for everyone else reading this post with a modicum of intelligence, yes, any documentation which may indicate income and/or asset holdings of EITHER parent may be ordered revealed by the court or be the subject of a subpoena by the agency and/or opposing party.

Such non-income producing items as 501 programs, health benefits, 401 k and transfer of property can be included in such determinations, especially if such transfers fall within TITLE 27.CHAPTER 23., SECTION 27-23-10.

And by the way Thankyou, please make sure you DO NOT delete the state question again.
 

abstract99

Senior Member
Any and all income counts towards CS. I know things like Disability and what not are not-taxable. In the same essence, it is not necessary always direct deposit. I have heard of NCP's casing the checks at a check cashing place so that they would not show up on their banking records. Anyways, OP is it really that important? Judging from your original post, you never hinted that you though dad might be lying about his income. Do you just wanna see his banking records? I know in AZ, where I am that the summons says to bring them but I never do. I bring my taxes, my w2's and pay stubs as well as any other info about non-taxable income. Here is why your lawyer isn't pushing it...

1) Because you would have a heck of a time finding out if the records he produced were actually from the ONLY banking institution he used.

2) If he has a joint account, you would then have to get a court ordered subpoena so that everything is broken down showing what is his and the other persons on the account.

3) Chances are good that IF he IS lying about his income he could be very well not even depositing his checks into an account and paying the couple extra dollars to cash them,

Even if the records from my banking institution were subpoenaed it would be an uphill battle for my ex as my wife also deposits weekly amounts into it. Furthermore, there are some weeks where I only get paid a few hundred and I need the money right away so I go to the cash store and cash my check.

You would be fighting an uphill battle here getting nowhere. It could cost you thousands in attorney_s fees as well as anything extra if you chose to use a private investigator.

If you wanna get picky, you can get the records... will it be worth it? PROBABLY NOT.
 
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abstract99

Senior Member
BelizeBreeze said:
Abstract, SHE didn't make the request. The court (or agency) did. ;)
Yes, I know, I read that. I am just saying that it probably wouldn't be worth her time unless she really thinks that dad is lying about his income (just for waste of money purposes) and from the original post I don't thinkt hat is the case, I think she is just more wondering why he didn't have to produce the documents.

She could, of course, try to get attorneys fees assigned.
 
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