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  1. #1
    Join Date
    May 2007
    Posts
    4

    Lightbulb What Is Proper Proof Of Income

    During my mediation hearing my husband brought pay stubs as proof of income.
    I questioned my lawyer about this at the time and his reply was that they were legitimate enough for him.
    Mind you, this was after four attemtps to retrieve a financial affadavit from my husband. (Pay stubs were from the beginning of 2007. Based on what shifts he works, he can alter his pay substantially. Pay stubs did not take into account bonuses, etc. or other sources of income.)
    I cautioned my lawyer that I believed that my husband would try and lie about his income so he would not have to pay more child support.
    I have expressed my concern to my lawyer about this and he is simply telling me to take him back to court later for a revision.
    Would it be that difficult to get my husband to provide tax returns??
    After two years of of my lawyer's procrastination and poor representation I am frustrated over this.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What Is Proper Proof Of Income

    It's not unusual for parties to obtain payroll records or tax returns as evidence of income, although if no questions are raised recent check stubs will often be sufficient. Procedures for discovery (obtaining that type of information from an employer or the other parent) are different in each state, and may also be different in mediation proceedings in your state.

  3. #3
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: What Is Proper Proof Of Income

    Are the paystubs that he just showed you, in line with your previous years gross income on your tax returns?
    If you can show, from previous years, that he grossed $50k per year, and his recent pay stubs, show he's in line to make $35k, then you have a case.
    Now, if he's saying he's on track to make $50k this year, "but if he switches shifts, he can make $60k", well, that probably won't fly.
    Do the math before you start proceedings to up the CS.
    If it will cost you $500 for a lawyer, to increase his support by $50 a month, it might not be worth it. Unless you ask the judge that he pay your lawyers fees.
    That's no gaurentee though.

  4. #4
    Join Date
    May 2007
    Posts
    4

    Default Re: What Is Proper Proof Of Income

    I filed for divorce in GA. Husband and I are now in separate states..neither of us in GA.

    His pay stubs are not in line with his income. The initial orders were based on an approxiamation of $68,000. However, according to our joint tax return for that year, his salary was actually $78,000.

    We have been separated for two years.

    Since then he has received a substantial promotion. I estimate his salary to be $90-$100,000/year. He has also received GI Bill benefits of $1100 a month for a year in a half, free and clear, while his employer pays for his master's degree.... though it's not as much of an issue with CS as he will be finishing his degree within the year. (it was not included in the $68,000 that was off by $10 grand...$22 with the GI Bill).

    My husband refuses, when I ask personally, to provide tax returns. I know he does not want to pay more CS.

    My lawyer is not willing to retrieve tax returns with out additional fees, though he never did any formal discovery of any kind.

    Up to this point, my lawyer has poorly represented me on several issues...failed to hold my husband in contempt of court for credit card payments which has cost me thousands of dollars in minimum payments...procrastinated with the divorce until the state child support guidelines changed (year 1/2), etc.

    He has basically pacified me for two years with comments and promises and not looked out for my best interests. Therefore, I can not fathom paying this man any more money.

    When I questioned him about retrieving the tax returns he stated that mediation took up his $2,000 retainer alone and that the last two years "of litigation" were on his dime.

    I am uncertain of what to do because I am in a bad position; we had mediation (which was conducted in a very unprofessional manner...nightmare). I actually have the final agreement to sign but this income issue is something that should have been properly taken care of by my lawyer and I do not feel comfortable signing anything. I do not feel my attorney has looked out for my best interests at all, so I am questioning other issues as well.
    Therefore, I am seriously considering dismissing my attorney entirely and filing a complaint with the State Bar.

    I truly need advise. I cannot talk with a lawyer until I dismiss my present attorney. -Which makes this a extremely difficult situation.

    Do you have any suggestions or comments??

  5. #5
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: What Is Proper Proof Of Income

    Go with your gut.
    The wording of your decree will stay with you for many many years.

    It's important to have someone you trust, write it.

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