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brachotelohai · Aug 20, 2012, 07:27 AM

If a non-custodial parent in Virginia gets a job, do they have to report the income change, and if so how long do they have before they have to report it?

JudyKayTee · Aug 20, 2012, 08:18 AM

Originally Posted by brachotelohai

If a non-custodial parent in Virginia gets a job, do they have to report the income change, and if so how long do they have before they have to report it?

I'm reading as quickly as possible BUT it has to be a "substantial" change.

brachotelohai · Aug 20, 2012, 08:32 AM

Well, the non custodial parent hasn't had a job in 5 years, currently is only required to pay the state minimum, which is $65 a month. Now she has gotten a job. So it would be a substantial change because she's now receiving income apart from her husbands. She states she has 90 days to report it. I don't know if that's true or not.

JudyKayTee · Aug 20, 2012, 08:35 AM

Originally Posted by brachotelohai

Well, the non custodial parent hasnt had a job in 5 years, currently is only required to pay the state minimum, which is $65 a month. Now she has gotten a job. so it would be a substantial change because she's now receiving income apart from her husbands. She states she has 90 days to report it. I don't know if that's true or not.

Call Family Court (or what it's called in your area) and ask. I'm just reading "reasonable."

AK lawyer · Aug 20, 2012, 11:14 AM

Originally Posted by JudyKayTee

Call Family Court (or what it's called in your area) and ask. I'm just reading "reasonable."

A clerk of court isn't usually allowed to "give legal advice", and you can't just call the judge.

But yes, if she is required to report a substantial change in her income, that would be substantial.

brachotelohai · Aug 20, 2012, 11:19 AM

My husbands sons mother is refusing to tell him whee she works now. Other than following her, is there a way to find out where she works? And how will they prove what she's making in court. Five years ago when she had custody, they just went by their word to calculate the cs my husband had to pay.

JudyKayTee · Aug 20, 2012, 11:21 AM

Originally Posted by AK lawyer

A clerk of court isn't usually allowed to "give legal advice", and you can't just call the judge.

But yes, if she is required to report a substantial change in her income, that would be substantial.

In my area if you call the Court Clerk and ask the time frame within which a change in income must be reported he/she will answer you. That is not considered to be giving legal advice (again, in my area).

I was a Court Clerk.

ScottGem · Aug 20, 2012, 11:52 AM

Originally Posted by brachotelohai

My husbands sons mother is refusing to tell him whee she works now. Other than following her, is there a way to find out where she works? And how will they prove what shes making in court. Five years ago when she had custody, they just went by their word to calculate the cs my husband had to pay.

Then you go to court and have a subpoena issued for her to submit a current paystub.

brachotelohai · Aug 20, 2012, 11:55 AM

Okay, is there a way to have that sent or requirements sent before the courtdate so we don't have to keep going back?

JudyKayTee · Aug 20, 2012, 12:06 PM

Originally Posted by brachotelohai

Okay, is there a way to have that sent or requirements sent before tje courtdate so we dont have to keep going back?

My best "guess" would be that it depends on the Court. Courts want to be certain that you aren't using a subpoena to embarrass anyone, put pressure on anyone.

In my Family Court (NY) the Judge issues the Subpoena after you ask for it and explain why.

AK lawyer · Aug 20, 2012, 12:35 PM

Originally Posted by brachotelohai

Okay, is there a way to have that sent or requirements sent before tje courtdate so we dont have to keep going back?

Originally Posted by JudyKayTee

My best "guess" would be that it depends on the Court. Courts want to be certain that you aren't using a subpoena to embarrass anyone, put pressure on anyone.

In my Family Court (NY) the Judge issues the Subpoena after you ask for it and explain why.

In every place with which I'm familiar, it would go something like this:

You go to the clerk of court and ask that the clerk issue (sign) a subpoena, and give you a copy to be served on the witness. If judges are required to sign subpoenas in NY, I'd say that is very unusual. In fact, in many places an attorney of record may issue a subpoena.

You schedule her deposition, and cause a subpoena duces tecum to be served on her (subpoena duces tecum is a type of subpoena requiring her to bring specified documents with her, in this case to the deposiition.) A deposition would be best in this case so that you will know what the documents say before the actual hearing.

If you are not confident doing this yourself, that's what lawyers are for.

ScottGem · Aug 20, 2012, 01:06 PM

Originally Posted by AK lawyer

You go to the clerk of court and ask that the clerk issue (sign) a subpoena, and give you a copy to be served on the witness. If judges are required to sign subpoenas in NY, I'd say that is very unusual. In fact, in many places an attorney of record may issue a subpoena.

My only question here is wouldn't the person asking for a subpoena need to prove that a case has been filed and is on the docket?

JudyKayTee · Aug 20, 2012, 01:09 PM

Originally Posted by AK lawyer

In every place with which I'm familiar, it would go something like this:

You go to the clerk of court and ask that the clerk issue (sign) a subpoena, and give you a copy to be served on the witness. If judges are required to sign subpoenas in NY, I'd say that is very unusual. In fact, in many places an attorney of record may issue a subpoena.

You schedule her deposition, and cause a subpoena duces tecum to be served on her (subpoena duces tecum is a type of subpoena requiring her to bring specified documents with her, in this case to the deposiition.) A deposition would be best in this case so that you will know what the documents say before the actual hearing.

If you are not confident doing this yourself, that's what lawyers are for.

I'm not going to argue this with you.

The OP is discussing Family Court and a change in income. No Family Court in my area is going to allow an unrepresented person to scheduled a deposition without a hearing to determine if the subpoenaed informaton is necessary.

You are suggesting that the OP schedule and conduct a deposition without representation.

In NY Family Court the Clerk will get the permission of the Judge. If there is no docketed case no subpoena will be issued. Small Claims Court, yes. Family Court - I don't believe so.

But with the possibility in mind that you are correct then the OP should prepare the subpoena (which, of course, includes scheduling the deposition), take it to the Court Clerk and see if it gets signed. He would then, of course, conduct the deposition.

OP can explain why is proceeding to deposition when he has no idea whether the respondent will or will not provide correct information at a hearing.

If the deposition is a waste of time for the respondent I would expect another legal action to follow.

I think a Subpoena is premature. Obviously you don't.

I'm curious to see how this plays out.

brachotelohai · Aug 20, 2012, 02:00 PM

We have an attorney who represented my DH for the custody hearing. She submitted a Subpeona duces tecum to ncp for her "proof" against DH and me when she tried to get sole custody with no visitation. Ncp refused to supply it. We will prob have our attorney send one for income before that hearing, but DH is waiting till he gets his first paycheck from new job before filing.