Modification of Support/Proof of Income

[TiredoftheGames]

What is the name of your state? MD

Father has filed request for modification of child support. Was unemployed for 7 months and now has lower paying job. Has now provided health and dental insurance for children, where mother has in past. Father notified mother verbally and in writing that he has secured this insurance. Mother has not responded verbally or in writing.

In his request for mod, he will ask for reduction based on new salary, period of unemployment, and cost of insurance.

=> If mother got insurance anyway, what will most likely happen?
=> How can he ensure that mother provides court with current pay information?

 

[VeronicaGia]

Usually the court will order both parties to submit the last three paystubs (or more) and the prior year's income tax returns. You should really consider waiting to file the modification until you've completed your 2003 returns, or you'll have to show your 2002 returns which will show a higher annual income.

 

[TiredoftheGames]

VeronicaGia

Thanks for the response. He submitted the Request for Modification in March, 2003 and this is the hearing date that was scheduled. He received a notice asking for proof of income from any source in response to the mother's petition of contempt for failure to pay child support. We don't know that the mother received this same request in response to his petition to request modification of cs.

Should a motion be filed to request that the court order her to present this information?

 

[VeronicaGia]

It sounds like you have two separate issues going here. He filed a modification of support in March 2003 and she has filed a contempt of court action (possibly in response to his modification). In his modification, he should have asked for proof of her income (discovery). Did he receive that proof? I'm not sure if her contempt action will force her to reveal her income, as he is on the defensive and owes that money.