Rarely does an individual stay in the same station in life financially…especially over a significant amount of time. Promotions, new job offers and bonuses are common. When this happens child support should be reevaluated to make sure the child benefits from this increase through a child support modification.
If you are reading this article, you may have recently noticed that your child is coming home from the other parent’s home with more gifts, shoes, or talking about recent vacations the other parent has taken. You may have even noticed that the other parent is dropping your child off in a new car. This is a very common scenario.
Sometimes, if asked, the other parent will admit to a job promotion or raise. However, it is not uncommon for the other parent to conceal this new financial status. If you suspect this might be the case, there are several options you can use to prove this change in finances.
Discovery
Discovery is a formal request for information to the other parent. It is essential to be represented by a family law attorney in order to properly conduct this information request. Your family law attorney will prepare a list of documents or informational questions to your ex-spouse that they must answer.
These questions are called interrogatories, which require the other parent to specifically admit to certain facts or provide answers to specific questions in writing.
A deposition can also be conducted during the discovery phrase. A deposition is an in person question and answer session where your family law attorney will ask the other parent questions under penalty of perjury, on the record, and is recorded by a court stenographer. Concealing information during a deposition is considered perjury, which is a felony.
Subpoenas
Another option that you have in order to provide proof of change of income is to request information from financial institutions and employers. Your family law attorney will prepare a formal request to the other parent’s banks and financial institutions to obtain bank statements, balances and any investments.
Your attorney can also subpoena employment records from the other parent’s employer, including salary and time line of salary adjustments or increases.
If your ex-spouse owns other businesses, entities or investment accounts, your family law attorney can help by serving a subpoena to those institutions.
Subpoenas are usually the best way to verify financial information because you do not have to rely on what the other parent claims. Subpoenas limit any attempt at concealment.
Testimony
If your case goes to trial, your family law attorney can call witnesses to testify to the other parent’s financial status as well. Witnesses can testify to current financial status based on employment and bank statements presented to the court.
The use of subpoenas and witnesses corroborating the documents collected to establish a change in income greatly supports proving an increase in income.
Forensic Accountant
For complex cases, some family law attorneys recommend the use of a forensic accountant. These individuals are qualified experts on testifying about intricate financial data.
If the other parent owns a business, or is an investor in a company, it can be difficult to understand the spreadsheets and financial business records. Using a forensic accountant helps to simplify complicated financial data.
Private Investigator
Finally, if your family law attorney is having a difficult time obtaining documents or banks are not cooperating, your attorney may hire a private investigator.
A private investigator can be helpful when the other parent is being purposefully deceptive and their financial data is especially complicated.
Free Consultation with a Tulsa Divorce Lawyer
No matter the method, an experienced and skilled family law attorney is essential in making sure you get the financial information you deserve.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a free confidential consultation, call 918-924-5526.
