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 How do I find out what the other parent's income is?

5/6/2015

 
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!


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
    for it?

    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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