My partner has an upcoming Child Support hearing in WA. His child's mother has not released full financial records.
Seattle, WA
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Posted 10 months ago in Child Custody
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He has an upcoming trial for the Permanent Parenting Plan which will also address Child Support.
We filed for a modification to Child Support as he lost his job in November 2008 and is receiving unemployment while attending school doing worker-retraining. The current Child Support decision was handed down last August, but at that time the mother had not filed taxes. Her attorney filed a wage-verification from her employer and her bank account records. It appears to us that she is receiving money from a family trust (formerly from monthly checks which mysteriously stopped just before the last CS hearing)and may also have a second income performing consultation services. How do we go about making sure her financial records are accurate? We do not have representation; she does. Answers (3)Dave Hawkins
This attorney is licensed in Washington.
Posted 10 months ago.
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You're in a difficult position. Depending on how close your trial date is, there are ways to force her to disclose information by using depositions and Interrogatories. However, these devices ca only be used prior to the Discovery Cut-off date set forth on your case schedule. If that date has passed, you only means of obtaining this information are through testimony at trial. If you do not have representation, please do everything you can to find an attorney before trial. Your chances of succeeding at trial against an attorney are not good. There are a host of procedural rules and evidentiary rules that must be followed for you to adequately present you case to the judge. If you know the source of her trust (i.e. the trustee), you can subpoena that person to testify at trial if you put that person on your witness list and Joint statements of evidence. Again, this should have been done 3 or 4 months prior to trial.
Carolyn Annette Elsey
This attorney is licensed in Washington.
Posted 10 months ago.
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One other possible step you can take is to get a subpoena for the mother requiring her to bring with her to trial all documentation regarding the trust, an accounting of the payments, and documentation demonstrating why the payments have ceased. You can also check with the WA secretary of State's Office to determine if her consultation business is an actual business registered with the State of WA. Your trial subpoena to her could also include any documents in her possession about that business too.
I agree with the first answer in that you are way behind the eight-ball regarding trial. Your trial judge may or may not allow some of this evidence. If you able to get her to admit to any of this additional income, ask the trial court to impute income to her based on this additional income. The court is allowed to impute income to a parent. Good luck to you! Annette L Goudy
This attorney is licensed in California.
Posted 10 months ago.
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I am not licensed in Washington State, however, you can subpoena her financial and bank records from the appropriate entities and have those records sent to court under seal, which would make them admissible as evidence of her true income. If she has deposits going into her bank accounts that exceed what she claims she is making, the court will want to know where that money comes from, even if it stopped right before the last hearing. I suggest you call an attorney in your area and see if you can get a free consultation before the hearing.
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