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azrielimum · Aug 25, 2010, 07:47 PM

My husband was terminated from his position a few months ago and has actively trying to gain employment somewhere else, but hasn't had much luck with anything yet. He's doing some part time work making less than a third as he was making before. His son's mother has just gained employment after not being employed for the three years of their son's life. They both have to go back to court in November for an update on the income for both of them, but I'm worries she will lie in court and say that she's still a SAHM, because she has outright lied to the judge before. Do they have a way of locating a proof of income? I know they're supposed to take a current paystub but what would happen is she conveniently "forgot" to bring it to court?

Fr_Chuck · Aug 25, 2010, 08:08 PM

So has his attorney filed proof of income by sending notice to the place she is employed ?

Photos of her working will also help

azrielimum · Aug 25, 2010, 08:22 PM

She has yet to let us know where she has been employed. It's even doubtful that she will say unless it comes up in court and even then, she may say she's still unemployed. We would take pictures, but we have no idea where she works.

this8384 · Aug 26, 2010, 09:08 AM

Originally Posted by azrielimum

She has yet to let us know where she has been employed. It's even doubtful that she will say unless it comes up in court and even then, she may say she's still unemployed. We would take pictures, but we have no idea where she works.

The judge typically requires copies of last year's tax filing paperwork. If she was working and reporting income, she can't hide that.

azrielimum · Aug 27, 2010, 12:24 PM

We went to court to have the support reduced the beginning of this month since myhusband has yet to find a decent job, and she didn't require any documentation except for the letter with his termination reasons.

this8384 · Aug 27, 2010, 01:12 PM

Originally Posted by azrielimum

We went to court to have the support reduced the beginning of this month since myhusband has yet to find a decent job, and she didnt require any documentation except for the letter with his termination reasons.

I assume that this isn't a shared physical custody issue, seeing as his ex's income wasn't required at the hearing. Laws vary by state - if she was granted a majority of physical custody, her income may not be factored into the support amount.

azrielimum · Aug 27, 2010, 01:19 PM

No her income is factored into it, they based it on the last job she had before she quit, but even my husband hasn't had to bring any paystubs, not that it'd be much because his checks are less than a hundred dollars every two weeks for a servers pay. They have joint legal custody and she has primary custody right now. We will also have record of the time we have had him over the last 3 years (which has been more that 55%) when he goes to court next year for custody.

this8384 · Aug 27, 2010, 01:57 PM

Originally Posted by azrielimum

No her income is factored into it, they based it on the last job she had before she quit, but even my husband hasnt had to bring any paystubs, not that it'd be much because his checks are less than a hundred dollars every two weeks for a servers pay. They have joint legal custody and she has primary custody right now. We will also have record of the time we have had him over the last 3 years (which has been more that 55%) when he goes to court next year for custody.

So what is your question then? Court isn't until November. The judge will ask them to bring last year's tax paperwork as proof of income.

If you think she's working and getting paid under the table, hire a private investigator.