verify income

[kbox]

What is the name of your state? Oklahoma

I am requesting income verification from my ex. I was wondering if someone could proof my letter and possibly advise me? I will copy what I have so far...



"Please provide documentation of your income for the last 3 years, dating back from this month. I would like to have this information no later than 30 days of you receiving this request. If you choose to ignore my request, and I am required to obtain an attorney to pursue this matter-you will be liable for all attorney’s fees.

Thank you in advance for your cooperation."



I was given this information by a local agency, but their assistance is very limited. My ex has a high dollar attorney that fights me on everything, so I need to make sure I am handling this correctly.
Please advise!What is the name of your state?

 

[LdiJ]

What is the name of your state? Oklahoma

I am requesting income verification from my ex. I was wondering if someone could proof my letter and possibly advise me? I will copy what I have so far...



"Please provide documentation of your income for the last 3 years, dating back from this month. I would like to have this information no later than 30 days of you receiving this request. If you choose to ignore my request, and I am required to obtain an attorney to pursue this matter-you will be liable for all attorney’s fees.

Thank you in advance for your cooperation."



I was given this information by a local agency, but their assistance is very limited. My ex has a high dollar attorney that fights me on everything, so I need to make sure I am handling this correctly.
Please advise!What is the name of your state?

Well...personally I would be more specific. I would ask him to provide W2's for the past two years and recent pay stubs for this year.

I also wouldn't tell him that he WILL be liable for all attorney's fees, because that absolutely isn't guaranteed. I would tell him that you will ask that he be held liable for all attorney's fees.

 

[GrowUp!]

"Please provide documentation of your income for the last 3 years, dating back from this month. I would like to have this information no later than 30 days of you receiving this request. If you choose to ignore my request, and I am required to obtain an attorney to pursue this matter-you will be liable for all attorney’s fees.

Thank you in advance for your cooperation."

I was given this information by a local agency, but their assistance is very limited. My ex has a high dollar attorney that fights me on everything, so I need to make sure I am handling this correctly.

Has any action actually commenced (i.e. modification of support)? I am asking because you haven't stated as such.

If not, then you might not be able to ask for it -- so you should check with your state statues/rules of procedure, first (some states say that you can not ask for anything regarding discovery until an action has commenced).

Also, you wil probably have to give him NO LESS THAN 28 days from date of service to provide such discovery (and that's not including time for mail). You have no authority to request any less time than your state procedure allows.

In addition, as LdiJ stated, don't state he WILL pay for your fees if he doesn't cooperate as that is never guaranteed. If I ever got a letter like that, I'd immediately respond and tell you to shove it up your a** and include a small packet of Vaseline to assist with the procedure. LOL

So, you should take the time to research procedures yourself because if you fail to follow them properly, his attorney could file to have your requests tossed.

 

[nextwife]

IT may be that the court, or CSE is entitled to get this to calculate CS, but not you directly.

And, as pointed out, if you have no court case, the income cannot just be requested because you want to know. If it is time for a modification, you can go ahead and file. If his income is up, it may increase the CS, if it's down it may decrease it. But you can't fish first.

 

[kbox]

The reason I am requesting this is because he was promoted over a year ago and I believe his income has increased considerably. I have been researching as much as I can and did find this...

The Court may include an order requiring the parties to periodically exchange information for an informal review and adjustment process. Parents may also ask for the information by certified mail. On or after April 15th of each year, either parent may ask the other parent in writing to provide their previous tax year W -2 forms, 1099 form, or other wage and tax information. Failure to provide the information may result in an award of attorneys fees in the event a motion to modify child support is filed.

and it was pertaining to my state. I also am asking a coworker for an example of what his ex presented to him. I think it will help since it was in this state as well. The divorce has been final for over 4 years, and CS has never been modified. His attorney drew up all the paperwork, and I am not sure if there is anything in there pertaining to this. I am unfamiliar w/ discovery...can someone please explain?

We have another ongoing issue...I am trying to get my part of the retirement settlement and he has his attorney fighting me for the interest it has accrued. He has at least 4 times the money I do and he tries to intimidate me constantly w/ it. I am trying to do as much as I can w/out spending any money I don't have. I don't want this to get tossed, and want to make sure I am following proper procedure. That's why I am here. I appreciate everyone's help!!

 

[ceara19]

The reason I am requesting this is because he was promoted over a year ago and I believe his income has increased considerably. I have been researching as much as I can and did find this...

The Court may include an order requiring the parties to periodically exchange information for an informal review and adjustment process. Parents may also ask for the information by certified mail. On or after April 15th of each year, either parent may ask the other parent in writing to provide their previous tax year W -2 forms, 1099 form, or other wage and tax information. Failure to provide the information may result in an award of attorneys fees in the event a motion to modify child support is filed.

and it was pertaining to my state. I also am asking a coworker for an example of what his ex presented to him. I think it will help since it was in this state as well. The divorce has been final for over 4 years, and CS has never been modified. His attorney drew up all the paperwork, and I am not sure if there is anything in there pertaining to this. I am unfamiliar w/ discovery...can someone please explain?

We have another ongoing issue...I am trying to get my part of the retirement settlement and he has his attorney fighting me for the interest it has accrued. He has at least 4 times the money I do and he tries to intimidate me constantly w/ it. I am trying to do as much as I can w/out spending any money I don't have. I don't want this to get tossed, and want to make sure I am following proper procedure. That's why I am here. I appreciate everyone's help!!

But does YOUR court order specifically allow for this? If not, then your SOL.

 

[kbox]

Okay, I have read the papers twice, and all I have found concerning the CS is....

Plaintiff shall pay child support pursuant to the attached child support guidelines in accordance with Oklahoma Statute. Plaintiff shall pay Defendant $XXX.XX per month beginning XXXXXX and continue each month on the same date until further order of the court.

That is actually listed in there twice, but the only thing I can find.
Any ideas or suggestions?

 

[weenor]

Are you currently in litigation or not..in other words is there a petition or motion pending before the judge?

 

[kbox]

No, there is nothing pending at this point. I am wanting to inquire about his income to see if it's worth pursuing. I am afraid if I don't ask in the proper legal way, I will not get a response.

 

[weenor]

No, there is nothing pending at this point. I am wanting to inquire about his income to see if it's worth pursuing. I am afraid if I don't ask in the proper legal way, I will not get a response.

Without a pending litigation he is not obligated to give you anything unless you previous court order contains a specific provision stating that he must give you his financial information upon your written request.

 

[GrowUp!]

No, there is nothing pending at this point. I am wanting to inquire about his income to see if it's worth pursuing. I am afraid if I don't ask in the proper legal way, I will not get a response.

Well, guess what? Don't expect a response. At least not the response you're looking for.

Unless there is specific language that REQUIRE either parent to file for a mod when there is a considerable change in income, then you aren't entitled to squat. The only time his income is of your concern is during any modification. Other than that, mind your own business.

 

[kbox]

Thank you for all the information. I understand divorces and child custody cases are full of hate and bitterness. I don't understand why people are so hateful on here?!?! I'm just trying to gather information.

 

[ceara19]

Thank you for all the information. I understand divorces and child custody cases are full of hate and bitterness. I don't understand why people are so hateful on here?!?! I'm just trying to gather information.

Because you were given the same answer 5 times yet continued to ask the same question, as if rewording your question would somehow change the applicable laws.

 

[kbox]

LOL, I was simply answering questions that were asked of me. I'm not sure why you are so full of nastiness, but best of luck to you!! It seems a couple of you are just trying to spread misery. To all of the rest...thanks!!

 

[momofrose]

LOL, I was simply answering questions that were asked of me. I'm not sure why you are so full of nastiness, but best of luck to you!! It seems a couple of you are just trying to spread misery. To all of the rest...thanks!!

Sorry - but I did not see any hatred or bitterness with regard to your answers. In my modification granted last year- it specifically states that both defendant and plaintiff will exchange financial info at the end of the year (in November) to determine if any adjustments should be made regarding child support. I believe thatunless this is stated in your order or unless there is oending litigitation you can not simply ask for his financial info.
Sorry

D