Does anyone know what a Judge might say/do if the NCP claimed the CP was making more money than was reported on the CP’s pay stubs/W2? I know that no one knows what a Judge would rule but if it has happened to someone or I could just get an idea I might sleep a little better at night.

I ask because my ex and I are going back to court for child support. He is behind by 8 months and we need it recalculated because I now carry the health insurance for both kids and childcare bills went up. My attorney sent a subpoena to his work and we found out that he got a raise and is now making $8,000 more a year than he stated in the divorce last year.

Here’s the catch, in May 2006, during the divorce, my boss was deposed and stated that I received a couple hundred dollars as a bonus in 2004 and 2005 in addition to my salary. I know it was for a Christmas bonus and it was reported in my W2 and I have not had one since that deposition. My ex’s attorney is stating that I’m lying and I make more money than is on my pay stub and my W2 is wrong. He has not sent a subpoena to my work for any current income records but is relying on this 2yr old information and what I will give the court.

My attorney has ordered a transcript of the deposition (she wasn’t my attorney for my divorce) and won’t say anything until she reads what was says, but that’s a week away. I know your saying wait for your attorney to get the facts and tell you, but I’m not really sleeping at night and thought I would see if anyone has been through it and how it turned out.

It’s out of the blue for me. This is not something I saw coming nor is it something they used in the past, and he is telling everyone he can. My ex’s attorney has already gotten the court date changed 4 times since the original December court date. This last time he tells the Judge that I’m lying and I make more money than is in my pay stubs so no one knows how much I really make and the whole case should be dismissed and I should pay all my ex’s attorney fees for dragging him to court over this. The Judge didn’t say anything to that, she only gave us a new court date with the warning that if my ex’s attorney didn’t show on April 10th I would get everything I asked for and my attorney fees.

So any thoughts on what might happen.

JudyKayTee

As you said, there are no guarantees. However, my thoughts are:

It's not what you allege or claim or say, it's all about what you can prove.

You know how much money your Ex is making because you subpoenaed his salary records. He is saying you made/make more than you did. His Attorney has not/will not subpoena your CURRENT/RECENT salary records. Your Attorney has the ability to subpoena your employer in person as well as your salary records - end of arguing. There it will be, in black and white. No need for your Attorney to read the transcript to decide what to do next. You already know what the issue is, now is the time to resolve it. Your Ex's Attorney can cross examine your employer forever - but he had better have proof if he is alleging fraud. And the Judge will have little or no patience with a subpoenaed witness who suddenly becomes a target with no proof other than you Ex "thinks" or "heard" or whatever.

As far as what your Ex is saying to people - you know you can't control that. I have always found people get sick of hearing it, the people in the right don't feel it necessary to keep explaining themselves, people talk because they need to reassure themselves.

As far as postponing and rescheduling - unfortunately it happens all the time.

Your Ex's Attorney will make the argument that this is a frivolous action, that you make more than you say, blah, blah, blah - and your Attorney will wave proof of what you say in front of his/her face and that will be the end of that. An $8,000 salary increase on the part of your Ex takes this right out of the frivolous category.

If the Judge has already put the other side on notice to pretty much show up or shut up I wouldn't be too very worried - the Judge is already out of patience.

I know it's hard but take a very deep breath - sometimes the good guys really do win!

Fr_Chuck

It will be up to the NCP to prove thier case. They may make you provide bank records of all your purchases and deposits, they may want to review where you live, how much you pay for it,, what type of car you drive.

for example if you claim you make 3000 a month but your records show you always spend 5000 a month, something is wrong.
This is what can happen if the one side fights hard.

cjonline

My boss has given all my current payroll records to my attorney already. He was going to go to court with me on the 3rd but they had the date pushed back to the 10th and now he can't go; he won't even be in the state next week. Thats why its getting to me. He was going to be there to answer the questions himself, but now he won't be able to.

Its not a frivolous action any way you look at it, so I wasn't really woried about me paying his fees. He is 8 months behind on paying any support for the boys and he dropped the boys from his health insurance so I had to pick up all of that expence. In the order from the divorce he had to provide the insurance and pay half of the co-pays within 30 days. He didn't even tell me that it was dropped, I took one of the boys to the doctor and he was given meds. When I picked up the meds I had to pay full price because the insurance company said my son wasn't covered. I called them the next day and they said that the children were dropped in July of 2007. I had to wait until Feb 2008 to get them on mine and had to pay everything until then.

I have no problems taking my bank statements to court. They will show I had a savings and I have had to use that this past year. If you take out the dr bills then it will show that I am putting in about what I take out (if you add the dr bills then I'm taking out way more then I'm putting in). I have already given my last 3 tax returns to my attorney, that shows that I report only one W2 and it matches the one my boss gave. I did one of thoes sheets where you put in everything you spend each month and it shows that I break even. The problem is that he did one too and is says that he spends more than he makes.

I just don't know how else to "prove" that I don't make more money.

JudyKayTee

If your boss will be out of Town and can't appear to testify and wages are an issue your Attorney has to SUBPOENA him, be notified he can't appear and adjourn the matter OR SUBPOENA the company and someone else will have to appear - records in hand.

Asking people to show up makes it look like a set up.

I think your Attorney should worry more and you should worry less but I know I'm not in your shoes and it's easier said than done.

califdadof3

Asking people to show up is a set up. In a courtroom setting you need to inform the other side of evidence and of witnesses. Otherwise it breaks down into a circus. Make sure your lawyer keeps you informed at all times. And I agree with Judy and the good Fr_Chuck.

cjonline

I asked my attorney about it. Since he won't be there she is not going to subpoena him to court but rather to her office for a new deposition. She sent the paperwork yesterday to his home and Tuesday he will give a depo and answer all the questions then and bring the paperwork with him. I assume that will be enough for the courts.

We didn't really ask him to begin with. I told him I had to be off that day because of court. Later he asked me why we were going back to court and after I told him it was about the child support he stated that he would go just incase he could help. He knows in the past they stated they couldn't ask someone something because they weren't there, its a thing they pulled many times in the divorce. He was just trying to help, and it would have saved me money by not having my attorney do the work, and money is an issue right now.