I am in the middle of a child support modification. On my ex-wife's sworn financial statement, she says she pays $1300 a month for rent. However, on her bank statements, there is no withdrawls for $1300, there are withdrawals every month for 770.00 to a property management company. I want to prove that she lied on her sworn financial statement to the court.
You can serve her with written requests for production of documents and she will be required to produce a copy of the lease in response. However, I do not believe that it will be relevant for child support purposes whether she in fact pays rent or not. Child support in Colorado is calculated using a formula that takes into account each parent's monthly gross incomes, any health insurance premiums that either of you pay for the child, any work-related child care expenses that either of you pay for the child, the number of overnights that each of you have with the child during the year and whether either of you have additional children. The expenses of the parents are not a factor in this calculation. If you have any questions about how child support is calculated I would recommend that you speak with a family law attorney who can also run the child support worksheet or formula for you,
Unless your Ex is arguing that the court should deviate from the statutory child support guidelines because of her expenses, the actual amount of her rent will not be relevant. If you need a copy, you can either send her a request for production of documents which includes a request for a copy of her lease, or you can subpoena her landlord to bring a copy of it either to the motion hearing or to a deposition.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
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