You should have been served with a copy of the affidavit. However, if you can’t find your copy, then go to the court and ask the court clerk for a copy. Have your case number available.
Some people might deliberately misrepresent on the affidavit how much they make or the amount of deductions, even though they provide pay stubs that disprove what they have reported.
worker’s compensation unemployment benefits pension or retirement benefits public assistance, such as food stamps disability benefits veteran’s benefits Social Security or Supplement Security Income (SSI) personal injury settlements
bank account balance and the name of the bank checking account balance and the name of the bank automobile loan information all real estate owned, including addresses stocks, bonds, and other assets
Health insurance Life insurance Accident insurance
rent or mortgage payment home insurance taxes food transportation expenses clothing and laundry expenses child care mandatory union dues loans and other debts
Once you have a referral, contact the attorney and schedule a consultation. Ask how much they charge. At the consultation, explain why you think your ex is lying on the affidavit. Your attorney can help you come up with a plan of action. [6] X Research source Specifically, your attorney can advise you about what evidence you will need and how you can get it.
You might want a forensic accountant if your ex owns a business and is claiming high debts or very low income. Ask the attorney for a referral to a forensic accountant. You can then schedule a meeting with him or her to talk about your case.
Ask friends and family if your ex is hiding assets. They might know that he or she has a summer home in another state. They also might know if your ex suddenly got a new job or inherited money from a relative. You can get more solid proof later, but friends and family can help provide you with leads. Talk to your ex in person. You can gain valuable insight if you speak in person. For example, confront your ex and state you think they are hiding assets. Judge their response. If your ex seems nervous, then you can suspect that they are hiding something. Follow your ex. You can have a friend follow your ex around and find out where he or she goes. If they go to a job or visit a bank, then you can ask about those subjects. You could also hire a private investigator.
You might already have a child support order in place. Most state laws require that parents update the court when they have a change of income. In this situation, you should call your state’s child support agency and talk to your case worker. Tell him or her that you suspect your ex has failed to report changes to their financial situation.
Where your ex has bank accounts. The jobs your ex has worked over the past few years. Any disability, retirement, or other benefit your ex receives.
updated bank statements W-2 forms tax return information business records (if self-employed) information on debts, such as credit card statements or other debt statements loan applications
updated bank statements W-2 forms tax return information business records (if self-employed) information on debts, such as credit card statements or other debt statements loan applications
You should get a subpoena form from the court clerk. Tell the court clerk what kind of document you are requesting and ask for the right subpoena form.
Depositions are complicated, and you probably need a lawyer to conduct one. The purpose of the deposition will be to uncover hidden assets your ex might have failed to report. See Prepare for a Deposition for more information.
If you don’t yet have a final child support order in place, then you don’t need to file a motion. Instead, you will ask the judge for a hearing on whether the information in your ex’s affidavit is accurate.
Background information, such as when the initial child support order was entered. How circumstances have changed. The form might provide space for you to explain why you are requesting a modification in child support. You should explain why you suspect that your ex has lied about his or her assets. How much you want to pay in child support. You may have to fill out a “worksheet” to calculate the amount of child support. Ask the court clerk for the worksheet.
You also might have to sign the form in front of a notary public. [15] X Research source You can find a notary at the courthouse, town office, or at most large banks. Be sure to take sufficient personal identification, such as a valid state-issued ID or passport.
Make sure to serve the other parent a copy of your form. Generally, you can have it hand delivered or mailed.
If your ex has a new job, then you can have a coworker testify. If your subpoena uncovered hidden bank accounts or assets, then you should introduce bank documents that prove this. If you have pictures of assets—such as cars, boats, or homes—then you should introduce them as well. Call whoever took the pictures as a witness. If you did, then you will need to testify as to the date and time that you took the pictures.
