How do I prove my ex's income when he works for cash?

Asked over 1 year ago - Wausau, WI

I recently requested a child support modification. At the time of divorce my ex was unemployed (was ordered 17% of min. wage in 2004 which amounts to 152.00/month). He is now a truck driver...but works for his father. How do I prove what his income is? Is the court able to get a copy of the truck log? I also know he was recently approved for a loan...is it possible to get this info too (since you have to prove that you make enough to cover the loan payment)?

Attorney answers (3)

  1. Jane E Probst

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . Cash income cases are always difficult. An attorney could subpoena his loan applications to see what he claimed as income. Bank records are helpful if they can prove that his claimed income could not support his current lifestyle. Another option is to use wage statistic reports from the Department of Labor for what comparable employment is paid. You really need to discuss this with an experienced family law attorney.

  2. Jayson Lutzky

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Consult with a local lawyer to determine whether they can send out subpoenas to the appropriate places. Also, can you receive an analysis of how your ex is budgeting his expenses. Clearly, if he has expenses, then he must have an income. Someone is paying his bills.

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  3. David Alexander Browde

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You may be able to subpoena documents from his employer and from any company to which he submitted financial documents. Consult a local attorney to discuss procedures.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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