Legal Question in Family Law in California
Obtaining ex's new wages via pay stubs,etc.
My ex-wife started a new job, I know her income must have went up since our divorce-child support agreement. I would like to try and get a modification but before I do this I want to make sure her income did in fact increase(she told mutual friends). I am struggling, while she lives better than I. How do I legally go about obtaining either last years tax returns or current pay stubs? I've asked her but she refuses. Please help. I already buy all my girls clothes, pay sll their lunches and provide the health care insurance even though it was ordered we both were to. I feel lost I can't even afford to go back to court unless I know for sure her income increased for fear they would just raise mine more even though my income stayed the same. I hear this happening a lot. Please if you can help, I would appreciate it.
Sincerely Jim
1 Answer from Attorneys
Re: Obtaining ex's new wages via pay stubs,etc.
Once a year you can request an income and expense declaration from her (note the requirement of three most recent paystubs cited on page 2 of same). This has to be served on her (not by you). If she does not respond, you then have to make a decision whether or not to seek this information from another source, and she may be chargeable with reimbursing you for this cost.