My husbands ex has been lying about income for years. Not sure how to pursue things since she has lied on all her financials for child support. This is what we know. She was being paid half if not more of her income for years under the table as a loan processor. We were told by her current husband this was going into a account under her mothers name. We know she left her job due to an affair with her boss. She even trained a replacement. Apparently her boss documented that she was involuntarily laid off. She testified that she collected unemployment for 10 months. We were told also from her husband she has been collecting unemployment for the last 2 years. We have had child support change numerous times in the last 5 years all based off what she put on her sworn affidavit. Help!
Divorce / Separation Lawyer
Here you go...
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;
(X) Whether one of the parties has been a perpetrator of domestic violence, which factor shall be supported by a preponderance of the evidence;
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
(I) The reasons why the party wishes to relocate with the child;
(II) The reasons why the opposing party is objecting to the proposed relocation;
(III) The history and quality of each party's relationship with the child since any previous parenting time order;
(IV) The educational opportunities for the child at the existing location and at the proposed new location;
(V) The presence or absence of extended family at the existing location and at the proposed new location;
(VI) Any advantages of the child remaining with the primary caregiver;
(VII) The anticipated impact of the move on the child;
(VIII) Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and
(IX) Any other relevant factors bearing on the best interests of the child; or
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Family Law Attorney
The bottom line is that you will need to prove she is making more money than she admits in order for the court to use a different income for calculating child support. Getting access to her employer's bank records and to the state's unemployment compensation payment records is a time consuming, and therefore expensive, process. This is not something that can be "coached" in a public forum like Avvo. You need to hire a competent family law attorney. Interview a few, and find one you like. Just beware of anyone who tells you this will be easy to accomplish.