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Child support modification. Asked for 6 months of bank statements. Why?

Seattle, WA |

I don't work and my currant husband provides for the family. I asked for a child support mod and the court wants 6 months of bank statements. Why? And verification of my husbands income. I already submitted a financial dec and taxes. Why do they need so much personal information?

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Attorney answers 3

Posted

It's to provide proof of your financial situation. People can be very inventive about hiding their income, especially when it's not mainly from employment, but from other sources (self-employment, investments, trusts, &c.). You may want to redact part of the account numbers, for security. You should consult with an attorney who practices in your area if you have specific questions.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

Posted

Because that is what to law requires to determine your income.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements

Posted

RCW 26.19.071(2) requires each party to provide to the court as follows: "(2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify income and deductions. Other sufficient verification shall be required for income and deductions which do not appear on tax returns or paystubs." Local Family Law Rule (LFLR) 10 requires further information be provided when child support is at issue. LFLR 10(b) states:
(b) Supporting Documents to be filed with the Financial Declaration. Parties w o i e a financial declaration shall also file the following supporting documents:
(1) Pay stubs for the past six months. If a party does not receive pay stubs, other documents shall be provided that show all income received from whatever source, and the deductions from earned income for these periods;
(2) Complete personal tax returns for the prior two years, including all Schedules and all W-2s;
(3) If either party owns an interest of 5% or more in a corporation, partnership or other entity that generates its own tax return, the complete tax return for each such corporation, partnership or other entity for the prior two years;
(4) All statements related to accounts in financial institutions in which the parties have or had an interest during the last six (6) months. ―Financial institutions‖ includes banks, credit unions, mutual fund companies, and brokerages.
(5) If a party receives or has received non-taxable income or benefits (for example, from a trust, barter, gift, etc.), documents shall be provided that show receipts, the source, and any deductions for the last two (2) years.
(6) Check registers shall be supplied within fourteen (14) days if requested by the other party.
(7) If a party asks the court to order or change child support or order payment of other expenses for a child, each party shall also file completed Washington State Child Support Worksheets.
(8) For additional requirements for a Settlement Conference, see LFLR 16.
Your husband's financial information is required due to RCW 26.09.071(1), which states:
"(1) Consideration of all income. All income and resources of each parent's household shall be disclosed and considered by the court when the court determines the child support obligation of each parent. Only the income of the parents of the children whose support is at issue shall be calculated for purposes of calculating the basic support obligation. Income and resources of any other person shall not be included in calculating the basic support obligation."

Legal information provided in this answer does not constitute legal advice nor does it establish an attorney-client relationship. The information is general and only accounts for the information you provided in your question. Please call me if you want legal advice pertinent to the details of your situation.