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[mandelbrot007]

We had a custody modification hearing in July 1st week of 2016. I filed for support modification in August which was heard in the last week of September same year. My ex-filed response with the most recent payslip. But the payslips were not recent. The payslip she filed with the court was for period July 1st to July 13th. I even told my attorney immediatly that she hasn't provided the most recent payslips, but he ignored and I didn't follow up. Recently, I obtained all the payslips from her via discovery for our upcoming trial. Now I know that she intentionally didn't provide the most recent payslips because she had received a bonus of 5K on the immediate next payslip (July 15-July 28th). She filed her responses in the 1st week of september and she could have definately provided the 3 most recent ones if she didn't have the intent to hide the bonus she received

Due to this, I have been paying CS at a higher rate for more than a year. What is the consequence of deliberately withholding this information?

 

[adjusterjack]

What is the consequence of deliberately withholding this information?

Probably none.

You went to the hearing in Sept 2016 and saw that the paystubs were two months old (or so) and did nothing.

Don't blame your lawyer. He works for you. You could have insisted he do something then about the not recent paystubs.

You're welcome to petition the court for redress but there's no way to predict the outcome.

 

[mandelbrot007]

It was not that she was providing six months old payslips. Since it was just 3 payslips prior I didn't pursue as I thought there wouldn't be?much changes.

Now that it is clear that it was to hide her bonus, i thought I should bring this in our final trial.

Our issues for trial are mostly financial, and one of the most contested issue will be decided only based on he said/ she said argument. So more so than getting to lower CS or retro adjust CS, I would like to use this to prove that she is not credible which may inlfuence the judge's decision on various issues. Is it worth to spend my resources in highlighting this?

 

[stealth2]

#1 - you should have provided your state.

#2 - what does your lawyer say?

I suspect that, if the bonus is a one-shot deal, it may not be considered relevant for purposes of CS.

 

[mandelbrot007]

The state is CA. I just found out this and haven't discussed with the lawyer yet.

Bonus is recurring and seems to be a good portion of her income.

 

[Zigner]

The state is CA. I just found out this and haven't discussed with the lawyer yet.

Bonus is recurring and seems to be a good portion of her income.

If the bonus is recurring, and is a significant portion of her income, then the numbers (from prior bonuses) would show up in the year-to-date portion of the pay stub and may already be included in the calculations.

 

[mandelbrot007]

She took this job end of 2015. When we calulated CS in 2016, we just used the last paystub (she hadn't received the 2nd bonus) which she provided as the most recent to enter into dissomaster (CS calculator used in CA)

In the next pay period is when she received the 2nd bonus. She could have provided this paystub but she didn't perhaps to not to disclose the bonus.

Funny thing is that at meet and confer she wanted to use the bonus table and just calculate the support on base salary. Since the case law was in her favor I agreed to it. But she backed off in the last moment and agreed to include the bonus into calculation.