Q: How to ask judge to make defendant fill out "financial verification (SCCA 430)" form and let me have the info?
In the case the defendants will have to pay us child support but the court is going to use a statum of minimum wage as a basis. I know that they have a higher income, so would like the judge to make them fill out a financial verification form so that I could use the information as part of the increase child support complaint that I will file after the placement hearing is completed. Is it possible to file for the motion for information request during the hearing? How would I go about this?
A:
It sounds like you may have placement of a child as part of an action brought by the Department of Social Services.
SCRFC Rule 20 requires a financial declaration to be completed in any action in which the financial condition of a party is relevant. If you are a party to the case, you can file a motion to require the defendants to complete the financial declaration form; if you are not a party to the case, then you do not have the ability to file a motion, and you will have to rely on DSS to investigate the defendants' incomes.
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