Dispute questionable earnings

[hcaudell]

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

In ohio is there a procedural due process that allows me to dispute what my ex put down as earnings especially if I believe she is not being entirely sincere about. She makes a commision on sales, is that suppose to be accounted for in her earnings.

 

[Proserpina]

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

In ohio is there a procedural due process that allows me to dispute what my ex put down as earnings especially if I believe she is not being entirely sincere about. She makes a commision on sales, is that suppose to be accounted for in her earnings.

What proof do you have?

Did you dispute this at the hearing?

 

[mistoffolees]

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

In ohio is there a procedural due process that allows me to dispute what my ex put down as earnings especially if I believe she is not being entirely sincere about. She makes a commision on sales, is that suppose to be accounted for in her earnings.

It's called 'discovery'. You should have asked for documentation of her earnings (pay stubs, tax return, etc) ahead of time. If you haven't had your hearing yet, you can subpoena those documents.

If it's too late to subpoena those documents, you can ask for them at trial. When she states a number, you ask for evidence.

If the trial has already been completed, there's probably little you can do today. You are unlikely to get an appeal granted because you forgot to do your homework. However, child support is usually modifiable if circumstances change or after a certain number of years pass (depends on the state). You could ask for the information then.

 

[hcaudell]

She may be modifying it in the next few months and by family members i know that she has commision earnings above and beyond her hourly pay.

 

[Proserpina]

She may be modifying it in the next few months and by family members i know that she has commision earnings above and beyond her hourly pay.

In other words - someone told you?

That's not proof.

 

[hcaudell]

ok thats true. Is me questioning it enough to substantiate a review of her earnings or will the supeona be required as mentioned above. although that may be tough considering lawyers are not involved in support modifications. Can supeona's be requested by anyone other than lawyers?