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annieo
veteran

Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest

Financial information

#803657 - 06/11/13 05:08 PM

Can the person who is to receive cs inquire from the employer as to a ytd income amount or does the person have to wait and see if the other party will provide all of the information? The papers are filed and the court facilitator used a tax return that was only 7/months of income because the payor started the job then.
The temp hearing motion will be filed on the 17th and the payee wants to have an accurate accounting of the financial information at the git go. The payor also began a part-time job a few months back and this should also be included but the payee does not have the information only the name of the business. The payee is going to get the hearing date and then is hiring an attorney (the attorney is trying to save the payee $$ ) can the attorney get the information after the filing to have by the hearing?

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Goodmom
Pooh-Bah

Reged: 06/17/07
Posts: 2018

Re: Financial information

[Re: annieo]
#803658 - 06/11/13 08:15 PM

Sure, but don't be surprised if the employer refuses to provide the info without a subpoena.

Is the payor on salary or hourly? Overtime? If salaried, the last two pay statements should give you an idea of the actual earnings, just make sure that there weren't any days without pay. If hourly and overtime, that's a little trickier, but you should be able to get the hourly rate and use that determine what 40 hours would be at that rate.

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ssmom79
Carpal \'Tunnel

Reged: 06/27/07
Posts: 7806

Re: Financial information

[Re: annieo]
#803669 - 06/12/13 08:51 AM

I do not provide financial information to anyone regarding a court case without a request from the court or from CSE.

I really do not know if the attorney could present new information at the hearing however I think it's likely an acceptable practice.

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annieo
veteran

Reged: 07/07/10
Posts: 1413
Loc: Pacific Northwest

Re: Financial information

[Re: ssmom79]
#803681 - 06/13/13 10:07 AM

The attorney would have to subpoena the employers? The attorney in question knows both businesses are above board and would in all likelihood supply what is requested but I will tell the payee that a subpoena may be required so working on that is a priority so the information is available (hopefully) by the hearing.

It is a very small town and everyone knows everyone and the attorney is friends with one of the business owners and the business owners actually a client of the the attorneys. The other business is not a client but the attorney has known the owner for a very long time. I don't know if that helps or not - if a subpoena is required by law then it will have to go that route.

I would think the attorney could present the accurate financial information? The court facilitator said to come up with more financial information before filing for the motion for a hearing next week and the payee is trying to get that - the payee does have an old pay-stub from one of the jobs but it is not a 40/hr a week pay-stub because it was around the holidays and there was no holiday pay at that point so it is missing two days.

The payee is asking for cs and ss due to disability that occurred six years into the marriage of a 23 year marriage and just wants an accurate accounting and the support necessary to meet the bills - the payee realizes the standard of living is not going to be as it was but needs to take care of the child and live.

Any assistance is appreciated - thanks for the responses =)

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ssmom79
Carpal \'Tunnel

Reged: 06/27/07
Posts: 7806

Re: Financial information

[Re: annieo]
#803682 - 06/13/13 12:33 PM

Regarding CSE, I usually provide the information upon request. No subpoena is necessary. I've never had experience with an attorney's request though and I'm sure it depends on what the other party is willing to ask their employer to provide. If the other party requests the information that is one thing, but I'm not sure if a request from an attorney is enough to get the info. I wish I could help.

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