Income evidence

[Angeleno67]

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

I had two hearings regarding child support. Both times my exgirlfriend attorney had incomplete documents proving her income and child care (my daughter is 2 yrs old). Her income taxes were missing pages and i have reasons to believe she is showing false income tax declaration. She only works enough hrs to keep her health insurance and most of her income comes from 3 rental properties that she owns. Each property is a quadruplex and she collects substantial income from there. She did not have any documents to support her income declaration page on the OSC. California Child Support Services provide a service attorney to gather all the info before we see the judge. She brought her own attorney, i came in pro per. Can i get an court order to request her income taxes from the IRS? The service attorney did not care if her attorney had supporting evidence or not. Service attorney said to me that if i want to bring it to the judge that i could but that i would need to prove that she owns the properties. I have deeds, building permits and records of violations of the porperties. Please advice on what i need to do to have the court request legite taxes and expense evidence. Last thing, her attorney was supposed to write a jugdment regarding custudy and visitation since last January. He has not done it. He had 10 days to do it. If i do it and send it to him, he has 10 days to respond if he doesn't how and where do i file?

 

[LdiJ]

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

I had two hearings regarding child support. Both times my exgirlfriend attorney had incomplete documents proving her income and child care (my daughter is 2 yrs old). Her income taxes were missing pages and i have reasons to believe she is showing false income tax declaration. She only works enough hrs to keep her health insurance and most of her income comes from 3 rental properties that she owns. Each property is a quadruplex and she collects substantial income from there. She did not have any documents to support her income declaration page on the OSC. California Child Support Services provide a service attorney to gather all the info before we see the judge. She brought her own attorney, i came in pro per. Can i get an court order to request her income taxes from the IRS? The service attorney did not care if her attorney had supporting evidence or not. Service attorney said to me that if i want to bring it to the judge that i could but that i would need to prove that she owns the properties. I have deeds, building permits and records of violations of the porperties. Please advice on what i need to do to have the court request legite taxes and expense evidence. Last thing, her attorney was supposed to write a jugdment regarding custudy and visitation since last January. He has not done it. He had 10 days to do it. If i do it and send it to him, he has 10 days to respond if he doesn't how and where do i file?

You should be aware, that unless rental properties are owned free and clear, that usually the "net" income from them (income after expenses) is only a mere fraction of the gross income. Its the net income that counts in a child support calculation.

 

[2MsWife]

You should be aware, that unless rental properties are owned free and clear, that usually the "net" income from them (income after expenses) is only a mere fraction of the gross income. Its the net income that counts in a child support calculation.

You are so right. As a former landlord, I can tell you, there wasn't a whole heck of a lot of profit from it. And what a pain in the butt, to boot!

 

[ProSeDadinMD]

.... Its the net income that counts in a child support calculation.

Just as an FYI, this is not always the case. My state uses gross income, not net.

 

[mistoffolees]

Just as an FYI, this is not always the case. My state uses gross income, not net.

Rental receipts are not income. LD and the others were correct. If you receive $1,000 in rent for a property, that is not $1,000 in income - gross or net. You fill out the appropriate schedule and put the rental receipts, subtract expenses, and that gives you your income.

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

I had two hearings regarding child support. Both times my exgirlfriend attorney had incomplete documents proving her income and child care (my daughter is 2 yrs old). Her income taxes were missing pages and i have reasons to believe she is showing false income tax declaration. She only works enough hrs to keep her health insurance and most of her income comes from 3 rental properties that she owns. Each property is a quadruplex and she collects substantial income from there. She did not have any documents to support her income declaration page on the OSC. California Child Support Services provide a service attorney to gather all the info before we see the judge. She brought her own attorney, i came in pro per. Can i get an court order to request her income taxes from the IRS? The service attorney did not care if her attorney had supporting evidence or not. Service attorney said to me that if i want to bring it to the judge that i could but that i would need to prove that she owns the properties. I have deeds, building permits and records of violations of the porperties. Please advice on what i need to do to have the court request legite taxes and expense evidence. Last thing, her attorney was supposed to write a jugdment regarding custudy and visitation since last January. He has not done it. He had 10 days to do it. If i do it and send it to him, he has 10 days to respond if he doesn't how and where do i file?

You can subpoena her full tax returns and ask for an order that she sign the appropriate forms to send them directly from the IRS to you.

Your questions mostly cover basic procedures. Either go to your court clerk to see if there's a self-help program or a packet of forms that you can use or consult with an attorney.