Q: Process for determining ex-spouse's self-employment income for spousal support.
What is the name of the process to determine how much my ex-spouse is earning as a self-employed handyman? Spousal support was granted in October 2024 based on him earning minimum wage. How can I establish his actual earnings?
A: The court will rely on his tax returns unless you can prove the returns are not credible. This can be accomplished by subpoenaing his bank records and hiring a forensic accountant to analyze the ins and outs of funds and sources of funds.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You can start by using the legal process of financial discovery to gather his full financial records. This process involves requesting access to tax returns, bank statements, invoices, and other documentation that reflects his income.
Often, a forensic accountant is brought in to review these documents and uncover any discrepancies in his reported earnings. By engaging in this discovery process, you can help the court reassess spousal support if his true income is higher than initially disclosed.
It’s advisable to work with your attorney to file the proper motions and requests so that the necessary financial evidence can be obtained and evaluated by the court.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
