My wife and I own an LLC and she is also a W-2 employee for another company as well. I am a 1099 contractor working on commission. My ex-wife is taking me to court for post secondary child support and some back child support owed after losing my job. Am I required to submit our business 1065 tax return, business bank statements or my wife's W-2? Or our 1040 joint tax returns? Or am I required to only turn in total household income amount plus my own 1099's, commission statements? I am just not sure what financial information I have to turn in because some has my wife's information on it and I definitely am not sure if any business financial documents need to be submitted or not. Can't afford an attorney to represent me so I am a pro se litigant on this one.Additionally my ex-wife submitted her and her husbands joint 1040s for 2010-2011, both their W-2's, their joint bank account information, and household budget and expenses. I just want to make sure I submit all the proper financial information and under the impression I don't have to submit business or wife's financial information other than total monthly income for household.
The local rules in King County:
(b) Support Modification Proceedings.
(1) Documents Required to Be Served and Filed
(A) Documents Required from Petitioner. A party petitioning for modification of child support or spousal maintenance shall file and serve upon all other parties the Summons and Petition, a completed Financial Declaration, child support worksheets (if applicable), and the financial documents specified in LFLR 10. The petitioning party shall serve the other party a copy of the Order Setting Case Schedule (issued by the Clerk) with the Summons. If the existing support order was not issued by King County Superior Court, a certified copy of the order must be filed with the Petition.
(B) Documents Required from Responding Parties. Each responding party shall file and serve a Response to Petition, a completed Financial Declaration, child support worksheets (if applicable), and the financial documents specified in LFLR 10, by the deadline established by service of the Summons.
(a) When Financial Information is Required.
(1) Each party shall complete, sign, file, and serve on all parties a financial declaration for any motion, trial, or settlement conference that concerns the following issues:
(A) Payment of a child’s expenses, such as tuition, costs of extracurricular activities, medical expenses, or college;
(B) Child support or spousal maintenance; or
(C) Any other financial matter, including payment of debt, attorney and expert fees, or the costs of an investigation or evaluation.
(2) A party may use a previously-prepared financial declaration if all information in that declaration remains accurate.
(3) Financial declarations need not be provided when presenting an order by agreement or default.
(b) Supporting Documents to be filed with the Financial Declaration. Parties who file 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.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
There is one unofficial rule I go by: if you think it matters at all, include it. If the court wants to look at the numbers, it is going to see them regardless. If you have nothing to hide, you should hide nothing.
In additon to the two posts that I see have already been made, I would remind you that the income of other adults in the household (meaning in your case, your current wife) can also be considered by the court as an additional factor when considering child support, especially when looking at deviations and when setting back child support payments. Thus, all income in a household would typically be discoverable. As a previous post stated, a general rule often given is when in doubt, produce it. But arguably, there are exceptions. A bigger question is what is the proper use and reporting of the information when setting child support. For that, I would suggest that you talk to an attorney for specific guidance in your specific situation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline