Tuesday, January 19, 2010

What do you do when custodial parent will not submit any income for purposes of needing a modification?

My husband needs to modify child support , the amount is literally 50% to much, the custodial parent refuses to give any income and has reported there is none to my husband, Need to do this ASAP . Is there a way to get that info . or would he just put 0 on her income . Also with 0 income does she still get credit for support of other children and insurance?What do you do when custodial parent will not submit any income for purposes of needing a modification?
if she has zero income they automatically give her an income of minimum wage unless they have a disabled child together that keeps her from working.. but if she is capable of working then they automatically give her a minimum wage income as far as the paperwork goes.. because she is choosing not to work..





Also.. because this is for modification, it is typical to ask for a financial affidavits and a Interegatories statement..





the interegatories statement will ask for all places of employment since the divorce or custody proceeding ..also she will have to list all bank accounts and show a years worth of bank statements for those accounts, and any credit card statements for creditcards etc.. so if he thinks she's hiding income, thats the way to seek it out..What do you do when custodial parent will not submit any income for purposes of needing a modification?
HE can as the court to impute an income to her.





He simply needs to know if she ever worked and if so, what she earned at that time. For each year that has passed when she did not earn any income add 3% to the original figure and impute that income to her.





Has he sent her a demand for production of documents of income?

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