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  1. #1
    mommy crying is offline Junior Member
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    My ex wants to modify Child support but wont disclose his other jobs

    Hi , I am in New Mexico. I just had a meeting with my ex husbands attorney to modify child support because he says his income has dropped, but I know for a fact that he has other jobs he is doing on the side as a in home nurse and he has a regular job at the Penitentiary of New Mexico as a nurse.
    I have given his attorney my most recent pay stubs and my w2 but he wont give me a w2.
    How can i legally get proof of his other income before court next week ?

    Thank you for your help
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by mommy crying View Post
    Hi , I am in New Mexico. I just had a meeting with my ex husbands attorney to modify child support because he says his income has dropped, but I know for a fact that he has other jobs he is doing on the side as a in home nurse and he has a regular job at the Penitentiary of New Mexico as a nurse.
    I have given his attorney my most recent pay stubs and my w2 but he wont give me a w2.
    How can i legally get proof of his other income before court next week ?

    Thank you for your help


    Hire an attorney, a PI or a forensic accountant to help you dig up what you need.
  3. #3
    mommy crying is offline Junior Member
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    Thanks . Wont the courts help lookup his bank account or wont social security help determine his income for me. I just let my attorney go because i couldnt keep up with the payments because my ex has been taking me to court over nonsense over and over, filing motions with the courts complaing about my new husband, time sharing ETC , now im broke
  4. #4
    Proserpina is offline Senior Member
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    Quote Originally Posted by mommy crying View Post
    Thanks . Wont the courts help lookup his bank account or wont social security help determine his income for me. I just let my attorney go because i couldnt keep up with the payments because my ex has been taking me to court over nonsense over and over, filing motions with the courts complaing about my new husband, time sharing ETC , now im broke

    Sorry, but the court won't help you. It's not their job to help you in that manner.
  5. #5
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    Quote Originally Posted by mommy crying View Post
    Thanks . Wont the courts help lookup his bank account or wont social security help determine his income for me. I just let my attorney go because i couldnt keep up with the payments because my ex has been taking me to court over nonsense over and over, filing motions with the courts complaing about my new husband, time sharing ETC , now im broke
    The courts are impartial -- they will not do what you suggest. Court is next week? You can examine him under oath about any other jobs ... that's about it unless you can get a witness from one of his other jobs and call them as a rebuttal witness (the judge should not allow such a rebuttal witness but who knows).
  6. #6
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    Quote Originally Posted by mommy crying View Post
    Penitentiary of New Mexico as a nurse.
    Did not see this .. you can file a FOIA request asking for any documents from the Pen regarding any employment or contact information (lists etc). If its not exempt & the Pen is a state run one.

    This might take longer than a week. I think you shot yourself in the foot by not doing things earlier.
  7. #7
    sandyclaus is offline Senior Member
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    Quote Originally Posted by Captian Picard View Post
    Did not see this .. you can file a FOIA request asking for any documents from the Pen regarding any employment or contact information (lists etc). If its not exempt & the Pen is a state run one.

    This might take longer than a week. I think you shot yourself in the foot by not doing things earlier.
    I'll bet the W2's she is more concerned with are the ones from those OTHER jobs that he is working.
  8. #8
    sandyclaus is offline Senior Member
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    Quote Originally Posted by mommy crying View Post
    Thanks . Wont the courts help lookup his bank account or wont social security help determine his income for me. I just let my attorney go because i couldnt keep up with the payments because my ex has been taking me to court over nonsense over and over, filing motions with the courts complaing about my new husband, time sharing ETC , now im broke
    Sorry, but the courts will only consider the evidence presented to them. It's not their job to investigate and discover that evidence.
  9. #9
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    Quote Originally Posted by sandyclaus View Post
    Sorry, but the courts will only consider the evidence presented to them. It's not their job to investigate and discover that evidence.
    "I have court tomorrow ; how do I get all the evidence I need by then??" .. a story I have seen to often...
  10. #10
    mistoffolees is offline Senior Member
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    Quote Originally Posted by mommy crying View Post
    Thanks . Wont the courts help lookup his bank account or wont social security help determine his income for me. I just let my attorney go because i couldnt keep up with the payments because my ex has been taking me to court over nonsense over and over, filing motions with the courts complaing about my new husband, time sharing ETC , now im broke
    If you insist on doing this without an attorney, then you need to act as your own attorney. You can do most of the things that the attorney could do, but no one will do it for you. And since he has an attorney, it's really better if you can find a way to have one of your own.

    Google 'new mexico self help divorce' (or maybe 'child support' instead of 'divorce') for some tips. Read. Learn. Follow the correct procedure.

    If you just let your attorney go, you may be able to get a continuance to prepare your case. Subpoena his documents. Bring in evidence that he is working additional jobs (and make sure that you understand what constitutes legally admissible evidence). Ask for the court to order him to reimburse you for your legal expenses for his frivolous motions (although it's probably too late for the past ones - your attorney should have suggested that at the time).

    You can roll over and play dead or you can use the system to your advantage. The latter requires educating yourself and being proactive.

    You have another option - talk to your state child support collection agency to see if they can go after him and collect the money for you. They won't be as aggressive in pursuing his additional income as your own attorney would be, but they would probably do a better job than you letting him do whatever he wants.

    And, finally, never, ever, EVER take legal advice from your ex or his attorney. They are not on your side.
  11. #11
    mommy crying is offline Junior Member
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    cant i ask the court for time to make a discovery or accumulate evidence?
  12. #12
    ecmst12 is offline Senior Member
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    You can ask, but they may not grant it. What you CAN do, rather than proceeding without an attorney, is request that ex pay your attorney fees, if he really is filing frivolously.
  13. #13
    mistoffolees is offline Senior Member
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    Quote Originally Posted by mommy crying View Post
    cant i ask the court for time to make a discovery or accumulate evidence?
    Yes. As I suggested, you can ask for a continuance on the basis of no longer having an attorney and ask for time to prepare your case. As ecmst says, the court may or may not go along.
  14. #14
    mommy crying is offline Junior Member
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    His attorney gave me two paycheck stubs for his job at the Penitentiary and his other side job as a home care provider (personal business with his new wife), but the attorney only calculated his income from the job at the Penitentiary but not the other job, clamming that his client does NOT work as a home care provider any longer.

    Out of a hunch , i called his home care job where he is hired as a contractor and i asked to speak to him by name and last-name and they told me that he works out of his house as a contractor and that he STILL is currently working for them.

    So now that i know he has a second job, how do I get the proof to take to court next week.

    His attorney lied to me and he lied too. Should i gather more info and let this go to court so that he has the opportunity to go lie under oath then i bring out the proof after he told a lie under oath.

    I really like this forum ! God bless you all


    I also am filing for the courts to make him pay me for the nonsensical motions he has filled against me that left me owing $5000 to my attorney and now the ammount has been sent to a collection agency.
  15. #15
    ecmst12 is offline Senior Member
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    I don't think you can file for that after the fact, you need to ask for it as part of the motion that he files when it goes to court.

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