5. Welcome back. I think I understand what you are said about calculation of "gross income" in Lesson 4, but:
How do I find out what the other parent's income is?
My husband says he earns $6,000 per month, but he won't show me any financials. He just got a new truck and I feel like he has plenty of money to take trips and buy gifts for his new secretary.
Let's look back at FCRPP 9. Maybe Father did comply with those requirements, but there is nothing there that requires him to produce documentation regarding the elements of "gross income" as defined in KRS 403.212(2)(b).
Here is where a lawyer really comes in handy, but even then, there is no easy solution.
A party can issue subpeonas to require third parties to come to court to produce documentation, but over the years, I have learned that sometimes witnesses are not entirely cooperative!
Formal discovery to determine income can be submitted under the Ky Rules of Civil Procedure to require Father to produce information and documentation in his possession, but what if it is conveniently not in his possession? Responses to these discovery requests have to be made, UNDER OATH, within 30 days, subject to extensions.
All of this takes time, and money. If there is a divorce proceeding, a party can file a motion and ask the judge to require the other spouse to pay the attorney's fees for all of this effort, but things are generally pretty uncertain whenever you go to court. Things can backfire if a spouse puts on an emotional presentation about how the other party is such a terrible parent and are hiding his or her own income!
If nothing else, a party can ask the judge for help in ascertaining income of the other party, but as the judge cannot pursue the interest of either party, he or she may put the burden back on the parties to follow the rules of court to develop the necessary evidence.
Now you know a little bit more about how to find out the other parent's income for child support calculations, so have take heart knowing you have options!
How do I find out what the other parent's income is?
My husband says he earns $6,000 per month, but he won't show me any financials. He just got a new truck and I feel like he has plenty of money to take trips and buy gifts for his new secretary.
Let's look back at FCRPP 9. Maybe Father did comply with those requirements, but there is nothing there that requires him to produce documentation regarding the elements of "gross income" as defined in KRS 403.212(2)(b).
Here is where a lawyer really comes in handy, but even then, there is no easy solution.
A party can issue subpeonas to require third parties to come to court to produce documentation, but over the years, I have learned that sometimes witnesses are not entirely cooperative!
Formal discovery to determine income can be submitted under the Ky Rules of Civil Procedure to require Father to produce information and documentation in his possession, but what if it is conveniently not in his possession? Responses to these discovery requests have to be made, UNDER OATH, within 30 days, subject to extensions.
All of this takes time, and money. If there is a divorce proceeding, a party can file a motion and ask the judge to require the other spouse to pay the attorney's fees for all of this effort, but things are generally pretty uncertain whenever you go to court. Things can backfire if a spouse puts on an emotional presentation about how the other party is such a terrible parent and are hiding his or her own income!
If nothing else, a party can ask the judge for help in ascertaining income of the other party, but as the judge cannot pursue the interest of either party, he or she may put the burden back on the parties to follow the rules of court to develop the necessary evidence.
Now you know a little bit more about how to find out the other parent's income for child support calculations, so have take heart knowing you have options!
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