modification and evidence

[guest123]

What is the name of your state?CA

After 15 years I am requesting a modification of support. The father's atty is demanding from me all check stubs, tax records, proof of employment, etc. for the last 10 years. (I make under $20,000 and have for the entire time.) The total amount in question is only $150 difference. But he is abusive and will pay alot of atty fees in order to avoid supporting his child. I can easily come up with my current situation, but hesitate on providing him with such in depth information for such an extended period of time, as he is harrassing and threatening (and will contact anyone from any information I give him.) Must I provide him with all this information?
I would happily provide it to the judge if he would not have access to it.

 

[VeronicaGia]

What is the name of your state?CA

After 15 years I am requesting a modification of support. The father's atty is demanding from me all check stubs, tax records, proof of employment, etc. for the last 10 years. (I make under $20,000 and have for the entire time.) The total amount in question is only $150 difference. But he is abusive and will pay alot of atty fees in order to avoid supporting his child. I can easily come up with my current situation, but hesitate on providing him with such in depth information for such an extended period of time, as he is harrassing and threatening (and will contact anyone from any information I give him.) Must I provide him with all this information?
I would happily provide it to the judge if he would not have access to it.

Personally I think it's unreasonable. Send him your paystubs for this year and one year's tax returns (2004 preferable, 2003 if it is the last year you filed).

Are you capable of making more than 20K/year? If so, the lawyer could ask the judge to impute income to you based on your ability to earn more, and in CA it can be done.

 

[guest123]

i am currently in grad school. when i finish i will make more. if i dont finish i wont.

 

[Phnx02]

What is the name of your state?CA

After 15 years I am requesting a modification of support. The father's atty is demanding from me all check stubs, tax records, proof of employment, etc. for the last 10 years. (I make under $20,000 and have for the entire time.) The total amount in question is only $150 difference. But he is abusive and will pay alot of atty fees in order to avoid supporting his child. I can easily come up with my current situation, but hesitate on providing him with such in depth information for such an extended period of time, as he is harrassing and threatening (and will contact anyone from any information I give him.) Must I provide him with all this information?
I would happily provide it to the judge if he would not have access to it.

First of all, check your state law to learn what CA child support guidelines are. In some states, the NCP has to pay a certain percentage of his monthly net income regardless of what yours is. In other states, they use a "shared income model" where they do take into account your income as well to determine a "fair middle ground".
In the latter case, generally, you only have to provide proof of income the previous 2-3 years. Not 10! If you do have to provide these records, your ex can view this information thru his attorney. But at the same time, you can demand to see his income information for the same time period too. If you are using the state for your side of assistance, often times they can have access to both your income information, but NOT share it with either of you. This information is only privy to them and his attorney. But still, there's no guarantee his attorney won't divulge your info to him. He's a paid client and has the right to see all documents.

 

[m.geragos]

The records are unnecessary. Child support questionaires only request income info for the past 12 months. Child support is based on current income or "ability to pay" if a judge feels you are hiding income or not attempting to support your children at the legal level.

Child support in CA, is caculated by the percentage of custody each parent has and the combined income of both parents. It is then divided in a way that is suppose to ensure that the children lifestyle is similar at both parents homes.

Findlaw.com in the CA family code (4055) is a good place to start.

 

[Shay-Pari'e]

The records are unnecessary. Child support questionaires only request income info for the past 12 months. Child support is based on current income or "ability to pay" if a judge feels you are hiding income or not attempting to support your children at the legal level.

Child support in CA, is caculated by the percentage of custody each parent has and the combined income of both parents. It is then divided in a way that is suppose to ensure that the children lifestyle is similar at both parents homes.

Findlaw.com in the CA family code (4055) is a good place to start.

Of course the records are necessary, and the expense and earnings form asks alot more than just income.

 

[LdiJ]

Of course the records are necessary, and the expense and earnings form asks alot more than just income.

I beg to differ. 10 years worth of records are certainly NOT necessary.

Federal law requires individuals to keep tax records for 4 years only (7 for businesses).

If you could find someone who actually had 10 years worth of paystubs saved......that would be unusual as heck.

Its a ridiculous demand and its being done for harassment purposes only.

 

[Shay-Pari'e]

m.geragos
Junior Member Join Date: Mar 2005
Posts: 7

The records are unnecessary. Child support questionaires only request income info for the past 12 months. Child support is based on current income or "ability to pay" if a judge feels you are hiding income or not attempting to support your children at the legal level.

Child support in CA, is caculated by the percentage of custody each parent has and the combined income of both parents. It is then divided in a way that is suppose to ensure that the children lifestyle is similar at both parents homes.

Findlaw.com in the CA family code (4055) is a good place to start.



I was responding to this post LDJ. I am not remotely speaking of 10 years worth.

 

[karma1]

Wait a sec....

Phnx02....you state, "demand to see his income information for the same time period too. If you are using the state for your side of assistance, often times they can have access to both your income information, but NOT share it with either of you. This information is only privy to them and his attorney."

I believe, at least in CA, anything filed, including the income and expense report made when filing, is shared by all parties. And you have to file an income and expense report when asking for a modification or starting a support order...in CA.

I could be wrong but I know of at least 10 cases the the income info was shared....