Q: What should you do when you know that your ex has lied/omitted financial information on a child support affidavit ?
listing base salary only,saying TBD on retirement,not listing court ordered life insurance,not listing stocks and invested interest in business,not listing bonuses,minimizing amount in savings/checking-he owes me 91% of uninsured medical for our oldest son and we are reviewing original amount on january 2
A: Hi there.
The only financial information on the child support affidavit that always matters is gross income. The definition of gross income is a hotly litigated issue in a lot of child support cases. The relevant statute can be found here: http://www.mainelegislature.org/legis/statutes/19-A/title19-Asec2001.html (subsection 5)
Other financial information can also come into play in a child support case because Maine law allows for a deviation from guideline child support based on the financial circumstances of the parties generally. So, if one party has a lot of money in the bank, or has valuable property and so forth, that information can influence the amount of support ordered.
The problem that I am guessing you are facing is that your ex doesn't have to agree to any of this. If he doesn't agree, then you have one of two options: You can suck it up and just deal with what he is willing to give you, or you can take him to court. If you go to court, you (or your lawyer) can press him on financial information through a process called Discovery. Based on your question, it sounds quite possible that a judge will order him to pay more than he is otherwise willing to pay by agreement.
You should absolutely contact a lawyer and see how much better you can do if you assert your rights. There is no reason to just "take it" when your children's father wants to stiff you for child support.
Best of luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.