When modifying child support due to a substantial change in financial circumstances such as a military retirement...Do I need to provide the last 3 tax returns or will the most recent (last 3) retirement pay stubs suffice since these show the current decrease in income?
You need to comply with the mandatory disclosure requirements of the rule. The rule may be found at the link below. A supplemental petition does require the production of three years of tax returns. The mandatory disclosure rule begins at page 35.
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There is actually a laundry list of items that must be provided when you are seeking a modification of child support, including 3 years of tax returns and 3 months of paystubs. Attached is the Certificate of Compliance which must be filed and it lists all of the different things you have to provide. If you do not file a financial affidavit with your petition, it can be dismissed as legally insufficient. You should consult with an attorney to ensure that you obtain the desired result.
Vanessa Vasquez de Lara, Esq.
You need to comply with the Rules of Mandatory Disclosure in order for the Court to get a full picture of your financial situation. For this reason you should be sure to provide all supporting documentation, including the last 3 years of tax returns and at least the last 3 months of pay stubs. The Family Law rules are in place for a reason and you should be sure to comply with them throughout your case.
I agree with the other attorneys. You have to comply with Mandatory Disclosure which would include 3 years of tax returns. You should consider retaining an attorney to assist you with your case. Most AVVO attorneys offer a free initial consultation. Good luck.
B. Elaine Jones, Esq.
Yes, you are required to provide your last three income tax returns, last three months of retirement pay stubs and your last three months of bank statements. You did not state your age, but once you are retired from the military, even though you may be under civilian retirement age and you elect not to seek employment, your former spouse is not able to assert a defense of intentional under employment against you to defeat your supplemental modification petition. You should retain counsel to represent you in this matter.
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