Investments, Income Information , Custody Support
June 17, 2009 by admin
Filed under Ask the Lawyer
Question:We have my 401K and investment property with a little equity, but due to the economy, we have very little cash. Will the fees for attorneys come from the sale of assets and the 401K or will I be responsible to come up with more money outside our assets?
Answer:
The manner in which you pay your attorney will be determined by each individual attorney. In other words, some attorneys may delay payment in hopes of getting an award of fees from the other side. However, most attorneys will require some sort of retainer up front.
Question:My case is nearly complete. I have been wronged from the start and I have a lawyer that has charged me almost $15,000 with nothing in my favor to support it. My ex wifes lawyer is now asking me to provide my yearly income and tax information. Is this normal? Do I have to supply this, my lawyer said I did. He has been wrong at my expense already and I am too close to finished to switch laywers, nor can I afford a new one. I do not want to “willingly” provide my annual earnings/tax info, she has taken everything already.
Answer:
Under most circumstances income information is discoverable. Meaning yes you are required to provide it. If you case involves child support or is a divorce, your income would be relevant. There may be mechanisms to protect this information from being part of the public court record. For example, if you own or are part owner in a business , you may be able to obtain a protective order to protect the business records from being disbursed. Your wife would still have access to these records.
Question:I am a substitute teacher. I do not get called for work everyday. I was paying $305 monthly child support as part of an order for protection. On Jan. 6, 2009, my wife had the order extended. As part of the modification of the order, she asked that my child support amount be increased. The judge asked me what I made per week. Not thinking, I said $400 per week (as I have sometimes worked 4 days at $100 per day). I also have a second job that brings in $140 per week. The judge then upped my child support payment to $1000 per month. He assumed I made $400 per week from substitute teaching week in and week out. He did not take into consideration the fact that I do not get work everyday, there are many school holidays where there is no work, 3 months of summer will be here soon and there will be no work, and I do not continue to get paid when there are breaks. Do you have any pointers for me?
Answer:
I would definitely revisit the support issue. Based on the information you provided your support is more than 50% of your gross monthly income (making $400 a week). Every state calculates support differently, but normally your support will not exceed 50% of your income. If the court only imputed $400 a week for you, that is unlikely to change. Although you may not always make $400 a week, you have the potential to do so. Court’s can impute income for child support purposes based on your earning potential not just your actual earnings. I would do some investigation as to how support was calculated.
Submit a question to sdladvice@singledadlife.com
Questions answered by DadsDivorce.com who provides essential resources for men and fathers at any stage of divorce.
Related posts:
