Support modification due to suspension
Hi, I am from PA. My ex filed for a modification back in Mar. 2006 due to suspension from his job as a police officer. He was suspended with out pay because he was arrested for breaking into the police evidence room and stealing drugs and guns. Trial is set for Dec. 2006. Modification at that time was denied because, as domestic relations put it "suspension was brought due to his own actions". He appealed and a hearing before a master was heald last month. Her decision is pending, awaiting briefs from both sides. He claims that he has formed a corporation and he is the owner. He has no pay stubs or records of his earnings yet states that his income is now substantially less than what he was making as a police officer. I have been told from different sources that it is substantially more, but I am having a hard time finding out anything about this business, and the Master did not ask him to produce any records even though I had to produce 6 months of pay stubs and my tax returns. what can I do? My lawyer doesn't seem to think that it is important to investigate his earnings, and just wants to base our case on his potential to earn. Also they want to deduct $95.00 which was for day care, but my child is now in kindergarten with uniform and various school expenses. My attorney states that school expenses were already included in the order, but how can that be since my child only just started school this year (aug. 2006)?
Re: Support modification due to suspension
It sounds like the master has already decided to use the police officer salary. If he's self-employed and making less, it's still his choice not to maximize his income. If you can prove he's earning more than he formerly earned as an officer, that's evidence you would want the master to review. Is that about what your lawyer says?
As for what was included in the prior order, take a look at it for yourself and see what was included.