Question:
In spousal support cases, what rule(s) compel the party being paid spousal support to provide proof of any income or lack of income? Does this proof include things such as unemployment or denial letters from unemployment office, state disability checks or denial letter from state disability, worker’s compensation awards, etc. Although check stubs/tax statements and receipts were asked for, the court did not compel the other party to provide “evidence” nor did it sanction them for not providing them. The court simply ignored the request.
Answer:
You should contact an attorney licensed in your state as each state has different provisions which control Orders for spousal support. I do not practice in California so I cannot tell you what type of proof is required for disclosure of income.
In my jurisdiction, Wisconsin, a party’s disclosure of assets, debts, income and liabilities is made as a financial disclosure statement which is to be signed under oath. This means that if a person lies on a financial disclosure statement, he or she can face penalties of perjury. But this doesn’t mean that people do not lie on their financial disclosure statements. To verify the information, most states have statutes which allow attorneys to demand written interrogatories where the party would be required to answer the questions under oath (ex: list all potential employers you have applied for, including the date you applied as well as the result of the application) and request the production of certain documents (ex: pay stubs, bank statements or tax returns).
There are procedures which must be followed for making the demands outlined above. Therefore, you should contact an attorney licensed in California to see what options you have for obtaining the records.
Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.
