• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need Help with a lawyers request

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LdiJ

Senior Member
But taking him off the accounts now wouldn't matter, right? Cause they want the last 6 months, when he was on it.
Since your bank account doesn't matter in the CS calculation, and since you can prove that its his money being deposited in the bank account, that shouldn't be a long term problem. The deposit showing on your bank account is going to show your fiance's employer's name. It will be relatively easy to prove that you don't work there.
 


stealth2

Under the Radar Member
Since your bank account doesn't matter in the CS calculation, and since you can prove that its his money being deposited in the bank account, that shouldn't be a long term problem. The deposit showing on your bank account is going to show your fiance's employer's name. It will be relatively easy to prove that you don't work there.
But that will not prove that it is not an additional source of income for OP.
 

PayrollHRGuy

Senior Member
Since your bank account doesn't matter in the CS calculation, and since you can prove that its his money being deposited in the bank account, that shouldn't be a long term problem. The deposit showing on your bank account is going to show your fiance's employer's name. It will be relatively easy to prove that you don't work there.
Unless one or both of them work for a company that uses something like ADP or any other PEO.
 

Ohiogal

Queen Bee
No, I can't afford an attorney. I'm totally getting rolled over by his attorney, because obviously I don't have a law degree. Child support is order based on a certain calculation of income, overnights, and how many children, why is my bank and credit card info relevant?
This is a joint custody/visitation motion you requested per your first post. You need to show you are financially stable and able to meet the child's basic needs in your care.
 

Ohiogal

Queen Bee
Oh and since this is apparently a modification of custody/visitation, she will need to show a change in circumstance as well as best interests. And depending on why this is a modification, and why he has custody... She will need to show a remedy to that situation PLUS a change in circumstance.
 

PayrollHRGuy

Senior Member
The question becomes why he is depositing his money into her account. Is he supporting her? Is she working? That can factor into imputation of income.
I certainly don't disagree. But having the BF's stubs will at least show that it wasn't originally her money.
 

LdiJ

Senior Member
But that will not prove that it is not an additional source of income for OP.
What do you mean? A husband's income doesn't count towards a wife's child support obligation (despite the fact that the husband's income helps support the household and they often share a bank account), so why would a fiance's income be any different?
 

LdiJ

Senior Member
Unless one or both of them work for a company that uses something like ADP or any other PEO.
My employer uses a large, national payroll service and the line item on my bank statement clearly shows that the deposit comes from my employer.
 

Taxing Matters

Overtaxed Member
Provide your tax returns and your W2s. Let him get a judge to order you to provide the bank and credit card statements. Its not guaranteed that the judge will order that at all. Both are pretty far reaching...particularly the credit card statements.
No, definitely do NOT take that approach. You must provide the requested discovery unless you have valid grounds for opposing the request. Understand that discovery is very broad, anything that may be relevant evidence or that might lead to relevant evidence is generally fair game. When it comes to child support proceedings, pretty much all financial information about you is going to be fair game for discovery. Bank statements are clearly good for them to ask for. Credit card statements too. Why? Because what you buy and your payment of the cards can reveal information about your income and assets.

Don't just fail to provide the requested material. If you think you have a valid reason to oppose discovery, make your objection with the other party's attorney and try to work out the problem between you first. The Oregon rules require this step of conferring with the other side. If you can't reach agreement and your objection is based on confidentiality you may seek a protective order from the court. Otherwise, you need to be prepared to defend your objection when the other party files the motion to compel. You want to have at least a non frivolous objection to avoid the possibility that you might be sanctioned for the refusal to provide discovery as required by the rules.
 
Last edited:

LdiJ

Senior Member
No, definitely do NOT take that approach. You must provide the requested discovery unless you have valid grounds for opposing the request. Understand that discovery is very broad, anything that may be relevant evidence or that might lead to relevant evidence is generally fair game. When it comes to child support proceedings, pretty much all financial information about you is going to be fair game for discovery. Bank statements are clearly good for them to ask for. Credit card statements too. Why? Because what you buy and your payment of the cards can reveal information about your income and assets.

Don't just fail to provide the requested material. If you think you have a valid reason to oppose discovery, make your objection with the other party's attorney and try to work out the problem between you first. The Oregon rules require this step of conferring with the other side. If you can't reach agreement and your objection is based on confidentiality you may seek a protective order from the court. Otherwise, you need to be prepared to defend your objection when the other party files the motion to compel. You want to have at least a non frivolous objection to avoid the possibility that you might be sanctioned for the refusal to provide discovery as required by the rules.
Family law attorneys, in child support or divorce cases frequently bury the opposition with requests for documentation that far exceeds anything that they will actually need. State child support agencies rarely ask for anything other than tax returns and W2s/paystubs.
 

Taxing Matters

Overtaxed Member
Family law attorneys, in child support or divorce cases frequently bury the opposition with requests for documentation that far exceeds anything that they will actually need.
I respect your right to that opinion but I disagree with it. At least in the states that I practice lawyers will indeed ask for all financial information but that's because they need to do that to ensure they get the whole picture and don't miss anything. Not asking for all the financial information could amount to malpractice. This is not unique to family law practice. In civil litigation lawyers routinely ask for everything they can think of that may be relevant to the case. It's far better to have more information than you need than to miss something important because you didn't ask for it. I do the same thing in the litigation I do for clients. I seek all the information that may be relevant to the case. I may not use it all when the trial comes up, but at least I won't have overlooked something important or get surprised by something I should have known about.

In any event, regardless of your opinion on whether the lawyer might really need it, the fact is that the lawyer is allowed to ask for it and the opposing side must provide it unless there is some basis for objecting to the request. Not wanting to provide it or having a subjective view that the info wouldn't be useful are not valid reasons to object.


State child support agencies rarely ask for anything other than tax returns and W2s/paystubs.
I'm not sure what your basis is for the general statement as to what all support agencies seek. There are 50 states, DC, and the possessions and territories and they each have their own rules and practices. In my state they certainly do ask for more than just tax returns and pay stubs when assisting a parent in establishing a child support order, and that's been the case in the other jurisdictions in which I've lived. In any event, proceedings by the state are different from those pursued by the custodial parent. Just because the state might choose to do a truncated financial investigation does not mean that the custodial parent should do that. The custodial parent may do much better when the full financial picture is revealed.
 

LdiJ

Senior Member
Then you are likely not in a PEO situation.
Can you please explain what a PEO situation is? You referred to ADP previously which is a national payroll service. What is the difference between ADP and any of the other national services?
 

PayrollHRGuy

Senior Member
Can you please explain what a PEO situation is? You referred to ADP previously which is a national payroll service. What is the difference between ADP and any of the other national services?
In a PEO relationship, everything is done under the PEO's FEIN. Used to be called Employee Leasing. ADP has a PEO unit along with their payroll service. www.napeo.org if you want to learn more and as someone that does accounting you probably should want to.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top