My ex served me with visitation / child support papers. But I get paid more per hour than he does but I work 30 hrs per week and he has a 40 hr job and he tattoos at a shop but his lawyer only used his one job and I'm ordered to pay my ex $48.25 a month. But I buy all his clothes and pay the sitter and our son is on my insurance and he didn't provide support for 6 months before how do I have him disclose his other income he has from tattooing . The tattoo shop does keep track of how many tattoos my ex does.
You need to bring this to the attention of the Court immediately. You need to file Motion to recalculate child support because your ex's second job was not included in the initial calculation.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
If you are certain he has another job in which he is not providing an accounting of his income, you can submit a written request for income verification to the 2nd, alleged employer. There is a form you can fill out, which should also be accompanied by a letter which notes that A.R.S. demands that any possible employer report the party's income to you.
Once you have your evidence of his 2nd job and income, submit a modification to child support to the court ASAP. Be prepared to collect evidence; a lawyer is almost always essential in situations such as this but even MORESO when the opposing party (father) has an attorney. There is a good chance he is going to fight you.
Talk to an attorney about the income verification worksheet and letter. Ask for a free consult.
Scott A. Mac Leod is licensed to practice law in Arizona. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney. Scott is an active practitioner of FAMILY, CRIMINAL, CIVIL and bankruptcy law.
Paragraph 5 of the the child support guidelines state that "generally, the court should not attribute income greater than what would have been earned from full-time employment. Each parent should have the choice of working additional hours through overtime or at a second job without increasing the child support award. The court may, however, consider income actually earned that is greater than would have been earned by full-time employment if that income was historically earned from a regular schedule and is anticipated to continue into the future. The court should generally not attribute additional income to a parent if that would require an extraordinary work regimen...." In plain English, that means that the court generally only takes the income a parent receives from their full-time employment and does not also include income earned from a second job.
The information provided is general in nature and does not create an attorney-client relationship.
I agree with attorney MacLeod: You need to send a notice to the second employer with a form for them to provide you with this information. The law requires that they comply. Then, once you receive it, recalculate the child support formula based on that and submit the new information. It will ultimately be up to the court to decide whether to take into consideration this additional income, which it will if it is regular and ongoing and especially if your ex ever lied about or hid this information from a court.
This post should not be construed as formal legal advice or the formation of a lawyer/client relationship.<br /> <a href="http://www.joanbundylaw.com" target="_blank">Joan M. Bundy, Attorney at Law, Chandler, Arizona</a> |
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