Modification Case -Ex-Spouse's Inaccurate Financial Affidavit

[hunter19]

What is the name of your state? Florida
I was served with a petition for upwards modification of child support. Petitioner is my ex wife and also the DOR (she receives public assistance so this was a mandatory review via the DOR)

I have no problem with the modification per se but my ex has stated zero income for herself when she filled out her affidavit a couple months ago. She has since gotten a FT job, making more than the proposed imputed income of minimum wage however she is not going to fill out an updated financial affidavit. What recourse do I have here outside of letting it go and filing a future petition for modification? I'd prefer that the calculations be based on accurate income info. Thanks!

 

[stealth2]

Let's start with what you can prove wrt your ex's employment.

 

[hunter19]

Let's start with what you can prove wrt your ex's employment.

At this point, it's just via spoken word. She's mentioned several times about being busy at work etc and my teenage child is always telling me that "mom's working late" etc.

 

[LdiJ]

At this point, it's just via spoken word. She's mentioned several times about being busy at work etc and my teenage child is always telling me that "mom's working late" etc.

How is that proof that she makes more than full time minimum wage?

 

[hunter19]

How is that proof that she makes more than full time minimum wage?

Never said I had proof of what she made however, given the field/position she is now working in, I am about 99.9% sure it is above minimum wage.

 

[LdiJ]

Never said I had proof of what she made however, given the field/position she is now working in, I am about 99.9% sure it is above minimum wage.

You being 99% sure isn't proof. If you have proof of the field/position she is working in you might be able to find data on the prevailing wages for entry level jobs in her area for that job. But somewhere along the line you have to be able to prove at least some of the data in order to extrapolate the rest.

 

[hunter19]

To reiterate, my main concern is how to go about informing the courts that her financial affidavit is inaccurate before the support calcs are made (she is no longer unemployed with zero income.) What about using discovery, as in interrogatories to ask her if she's currently employed and whether or not she'll be willing to fill out an updated affidavit? I only want to prove that she's actually employed, not necessarily what her wages are. (She told me she doesn't need to update it because it's a done deal. Besides that, trying to speak with her further about it doesn't go anywhere productive so I don't go there.) I have a few more days to send in my answer to the mod petition. I don't disagree with any of that...it's the erroneous FA that was attached to it that's grating at my nerves. Honestly can't afford an attorney right now either. Thanks for the attempts at helping me out.

 

[bcr229]

Since your ex is receiving public assistance, wouldn't she be required to inform DOR of her new job so her benefits can be recalculated based on her income?

Also employers are required to send new hire info to DOR - see https://servicesforemployers.floridarevenue.com/Pages/home.aspx - so that's another way they would know she is working, though not necessarily how much she is making.

It might be worth an hour's consult with an attorney to learn how to get the info you need yourself even if you can't afford to retain one to represent you at the hearing.

 

[hunter19]

Since your ex is receiving public assistance, wouldn't she be required to inform DOR of her new job so her benefits can be recalculated based on her income?

Also employers are required to send new hire info to DOR - see https://servicesforemployers.floridarevenue.com/Pages/home.aspx - so that's another way they would know she is working, though not necessarily how much she is making.

It might be worth an hour's consult with an attorney to learn how to get the info you need yourself even if you can't afford to retain one to represent you at the hearing.

One would imagine but she isn't known for her honesty. Thanks for the tip though. Appreciate it.