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2 Questions

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C

cartridge2

Guest
What is the name of your state? Florida

What documents do we need to file for a support modification? and What documentation do we need to provide to prove income? We do have an accountant but not a lawyer and would prefer to do this without one because we cant afford it.
 


H

hexeliebe

Guest
Two questions?

Who is currently paying support?

And who is currently paying support?
 
C

cartridge2

Guest
My husband who has a very low income so the rest of his support i am paying to keep him out of jail. I have my own kids to support.
 
H

hjallge

Guest
How long has it been since you have been to court the last time for any type of modification or anything?
 
H

hexeliebe

Guest
My husband who has a very low income so the rest of his support i am paying to keep him out of jail.
Then stop paying it right now. By paying it for him you are showing the court that "HE" has the ability to pay the current level of support. Why should they change it?

Also, has he become unemployed recently? Did he quit or was there some other significant change in employment not his fault?

And how long has he been under the current order?
 
C

cartridge2

Guest
In 2002 he owned his own business and pretty much ran it into the ground. In 2003 he made alot less money because he was taking money out of the business in 2002 and now he cant. He was ordered in Oct 2003 and the judge refused to believe the information on his hand written affidavit and would only use 2002 tax return, even though the mothers hand written affidavit was fine. She also earns more than she claims because she makes tips. Anyway she told him to hire an attorney and accountatnt to prove it. She also refused to aknowlegde our 2 children when determing his support payment. Our daughter is older than his son(long story). Its been 7 years and she never went after him because she wasnt sure he was really even the father. After helping her as much as he could over the years he was tired of her telling him that it was not his son every time she got mad so he took the child for the paternity test and fought for custody but lost, so in turn she also oredered support.
 
C

cartridge2

Guest
Acctually we didnt pay it, he had a court datefor custody eval and they hand cuffed him and I had to pay or he was going to jail
 

haiku

Senior Member
you should probably keep your threads together it makes it easier to track your information.

https://forum.freeadvice.com/showthread.php?threadid=170249

to answer these questions, honestly, have your accountant do up your finances, for the year, and have your past 3 years returns at ready.

then because you are/were self employed, it would be worth your weight in gold to walk into the courtroom WITH a lawyer.

I am a self employed person and from the sounds of what you have posted on both these threads you will likely be crucufied without one.
 
C

cartridge2

Guest
Thanks, I really was trying to keep them seperate because I only wanted to know what documents i would need from the account. I didnt know I was going to be asked about the whole situation. I figured someone would tell me ok you need tax return etc.
 
K

Karen1204

Guest
forms you need to modify

There is a website for florida i know the one for pinellas county but not sure what county you are in. However just go to yahoo search and type in family law forms for your county and see what that pulls up. I know that you can go to the local courthouse where you live and pay a fee of $15.00 and they will give you every form that you need to modify child support because I am currently doing the same thing right now, however you can obtain all the same papers for free by pulling them off the internet i pull mine from www.jud6.org and then click on representing yourself in court. You will also need to pull a long or short form depending on the income financial affividat that will also need to be filled out. Hope this helps you somewhat......
 
C

cartridge2

Guest
Thanks for your help, I also need to find out what i will need from the accountant. We orginally filled out a financial affidavit but the Judge refused to go by it. Because my husband owned his own business last year and took money when he wanted it made his income look very high. She flat out told him hire an attorney and accountant. I feel she favors woman no matter what. If you read some of the things in the custody eval you would ask yourself what makes the mother the better parent for the child. By the way In in Broward.
 

haiku

Senior Member
its not so much womenbias in this case as SELF EMPLOYED bias.

the reason the judge wants you to use an accountant is because it gives you more CREDIBILITY.

anyone can write anything they want on a financial affadavit, especially if yo uare self employed with no W-2 for back up. And because OTHER self employed people have done this it gives the rest of us a bad reputation.

now even with an accountant, you might still pull numbers out your butt, but a reputable accountant would not sign such a return, and put thier name on the line.

As I stated before, you want the accountant ot do your last years, and the past 3 years (just in case) taxes.
And a year to date profit and loss from the business.

tell the accountant you need this for child support.

you also want to gather all your financial information, such as bank statements and any other investments you might have.

and finally DO see a lawyer.
 
C

cartridge2

Guest
Thanks again for the info but he no longer self employed, and I dont think the business has to give up that info since he doesnt own it. 2002 he did and his return showed alot of money on it. That is what the Judge is going by. also the same accountant has done our taxs for the last 6 years and he is very reputable.
 

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