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Lied on Financial Affidavit

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nadiaa917

Junior Member
I am the custodial parent and now reside in GA. My child's father resides in the FL. I finally have received a court date to establish child support. Problem is, is that the father lied on his financial affidavit. He has had the same job for over a year now and recently also obtained a part time job. He stated that he just lost his full time job Monday of this week (mysteriously) and has created a brand new financial affidavit which is what he is going to use in court on Friday only showing the income that he makes from his part time job. Can he do this?? All information would be greatly appreaciated. Thank you very much in advace!!!!:confused:
 


Humusluvr

Senior Member
I am the custodial parent and now reside in GA. My child's father resides in the FL. I finally have received a court date to establish child support. Problem is, is that the father lied on his financial affidavit. He has had the same job for over a year now and recently also obtained a part time job. He stated that he just lost his full time job Monday of this week (mysteriously) and has created a brand new financial affidavit which is what he is going to use in court on Friday only showing the income that he makes from his part time job. Can he do this?? All information would be greatly appreaciated. Thank you very much in advace!!!!:confused:
Subpoena his tax returns, and ask that the income be calculated from those.
 

nadiaa917

Junior Member
Thank you for that information!!! I also want to add that we are both required to bring to court on Friday our tax returns for the past 2 years, as well as our pay stubs from ALL jobs for the past 3 months. Even though he is stating that he supposidly lost his long time job 4 days before this hearing will the courts still base it off of part time job or will they also take into account of his earining from his past 2 year W2 and past three months of his pay stubs?

Also, if he really did lose his full time job that he has had can I ask that apply for unemployment and have the wages be taken from that? Just trying to look at ever option that I may have since he pulled this terrible stunt at the last minute!
 

Humusluvr

Senior Member
Thank you for that information!!! I also want to add that we are both required to bring to court on Friday our tax returns for the past 2 years, as well as our pay stubs from ALL jobs for the past 3 months. Even though he is stating that he supposidly lost his long time job 4 days before this hearing will the courts still base it off of part time job or will they also take into account of his earining from his past 2 year W2 and past three months of his pay stubs?

Also, if he really did lose his full time job that he has had can I ask that apply for unemployment and have the wages be taken from that? Just trying to look at ever option that I may have since he pulled this terrible stunt at the last minute!
Ask that his income be imputed at an average of what he has made over the last two years.

Helpful reading :

DivorceNet - Imputing Income for Child Support
 

Gracie3787

Senior Member
I am the custodial parent and now reside in GA. My child's father resides in the FL. I finally have received a court date to establish child support. Problem is, is that the father lied on his financial affidavit. He has had the same job for over a year now and recently also obtained a part time job. He stated that he just lost his full time job Monday of this week (mysteriously) and has created a brand new financial affidavit which is what he is going to use in court on Friday only showing the income that he makes from his part time job. Can he do this?? All information would be greatly appreaciated. Thank you very much in advace!!!!:confused:
Is the order being issued in FL?
If it is, your ex is required by law to file an amended financial affidavit if anything changes before the court date.

Do you know that he VOLUNTARILY lost his full time job?
If you do, and can prove it, you can request that the income be imputed to him.

However, if the full time income is imputed and the order will be issued in FL the income from his PT job cannot be used if he is supporting any other children.
 

Gracie3787

Senior Member
Also, if he really did lose his full time job that he has had can I ask that apply for unemployment and have the wages be taken from that? J
If the order is going to be issued in FL the IDO (income deduction order) will apply to unemployment benefits. Up to 40% of the unemployment can be garnished. All you have to do is bring it up in court and then it will be done automatically by the state.
 

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