Legal Question in Family Law in California
Help showing that my former spouse is not reporting all of her income
Back when my Ex-wife filed for divorce, She filled out an income statement were her expense exceed her income. Her parents are wealthy and provide additional income to her, including a new car every five years, paid for her attorney fees and some of her bills. She substitute teaches, cause she goes on cruises and down to Santa Barbara to visits her parents. When she filed she wanted to move down to Santa Barbara because her parents had planned to purchase her a home there, however I was success full in fighting that and now have joint custody. What I need now is to show the evidence in court that she has additional income that isn�t stated (basically shows that she is committing deception).
Thank you,
2 Answers from Attorneys
Re: Help showing that my former spouse is not reporting all of her income
You can subpena her bank records and take her deposition to see if she admits that she recieves money from her parents. However, her parents are not obligated to support the children and her expenses are not used to calculate child support. If she has an ability to earn a living by working full time, but she does not work full time then the court can "impute" income to her based upon her ability to work. It sounds like you need an attorney to assist you in preparing your case. He can advise you on the best strategy to bring this matter to trial. Good Luck, Pat McCrary
Re: Help showing that my former spouse is not reporting all of her income
Move to court with all evidence documentary or oral. Establish beyond any resaonable doubt that your ex wife is committing deception
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