Proof of Ex Husbands Salary for Modification of Child Support
by Ann from Florida
Proof of Ex-Husbands Salary for Modification of Child Support: I was divorced just under a year ago. My ex-husband is taking me back to court to sue to lower the child support. He has not had any major financial changes. His job is the same and he makes very good money. He has produced a document saying he only makes $38,000.00 a year.
This document only shows his regular paychecks, it does not show any of his bonus checks. He actually makes two hundred fifty thousand a year to three hundred fifty thousand with his bonus's. I need to be able to provide proof for court. I can not afford an attorney.
Answer to Florida Child Custody Question
Dear Ann,
You didn't say so, but it sounds likely that your husband is represented by an attorney.
If that is the case, it is likely in your best interests to seek legal advice also.
When the income and assets are unbalanced, the court may order the party with the far greater resources to pay attorney's fees for the other side.
However, both you and your ex husband should have filed a Financial Affidavit with the court or provided you with that information.
If he has not, request the court to direct him to do so. In addition you may want to go one step further and request additional financial information. Florida Supreme Court approved
Form 12.930(c) Standard Family Law Interrogatories for Modification Proceedings may help. The instructions for that form state, in part:
This form should be used to ask the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case.
If the other party fails to answer the questions, you may ask the judge to order the other party to answer the questions. (You cannot ask these questions before the petition has been filed.)
The questions in this form should be used in modification proceedings and are meant to supplement the information provided in the Financial Affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c).
You should read all of the questions in this form to determine which questions, if any, the other party needs to answer in order to provide you with information not covered in the financial affidavit forms. If there are questions to which you already know the answer, you may choose not to ask them. You may attach additional questions to this form.
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