Production of documents

[SisterSue]

What is the name of your state? Case is in North Carolina

My ex-wife has lied about her financial status to the public aid department which caused my child support to be reviewed and ultimatly doubled. The next month she went out and bought a brand new firebird (so she now owns 3 cars). In the last year she has remarried and received a large inheritance. I have a court date to have child support modified. Can I legally do a request for production of documents and ask her for her bank statements, paystubs, tax records ect. so that I may show the court of her financial status? If not, how can I make the court aware?

 

[stealth2]

You can always request documents to be produced. However, you should be aware that her husband's income (almost certainly) and her inheritance (most likely) play no part in the child support calculations. Your income and hers are what count.

 

[Terry113]

Oh yes it does

I don't know about your state, but any inheritance , lottery winnings, retirement benefits, etc. are considered income. Look on your states website under judiciary, and see if they have the child support guidelines posted, if not call your local court and get them.

When asking for a modification to child support, each party is supposted to fill out a Case Information Statement (atleast in my state) but find this out first. If there is no need for this, then you will have to file a discovery motion so that she is forced to produce the docs.

Trust me, I learned that one the hard way.

 

[VeronicaGia]

Go here: http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Click on NC. Under Section G, "Income Withholding" read the list of what cannot be garnished. After the list, there is a button that says "click here." Do it, and you will come up with NC laws on compelling production of documentation.