Legal Question in Family Law in California
documentation of income for modification
For the first time in 15 years I am requesting a modification of support. The father's atty is demanding from me all check stubs, tax records, proof of employment, etc. for the last 10 years. (I make under $20,000 and have for the entire time.) The total amount in question is only $150 difference. But he is abusive and will pay alot of atty fees in order to avoid supporting his child. I can easily come up with my current situation, but hesitate on providing him with such in depth information for such an extended period of time, as he is harrassing and threatening (and will contact anyone from any information I give him.) Must I provide him with all this information?
I would happily provide it to the judge if he would not have access to it.
1 Answer from Attorneys
Re: documentation of income for modification
If you are requesting a modification in child support, then yes, the father's attorney has the right to ask for any information relating to your current and recent employment and income. But you also have the right to ask the father for the same information. This is part of the discovery process. This information must be exchanged between the parties before the court hearing and before you see the judge.
On the other hand, I think asking for your last ten years of info is harrassing, unless there's circumstances making your last ten yours of employment and income relevant and pertinent to the case.
Good luck on everything!
Doris Mei
650-365-5145