I recently took a job with a higher paying salary that my ex-wife does not know about. I already pay her child support, alimony, child care costs, etc., and the increased income is not very substantial.
Do I have to voluntarily notify her and disclose my increased salary?
This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide any financial advice on divorce on the laws in your state.
Income is one variable that can change in an instant. Typically, one is not required to advise the other party to a custody arrangement each time their income changes.
In each state, there are statutory laws that will set forth a procedure for advising the other party of their income. In general, I believe there are three different scenarios on disclosure of income.
In some cases, disclosure of a change of income is only required upon a formal request (in writing) for income information such as a tax return, W-2, and/or pay stubs.
In other states, the statute may actually require each party to submit such information (W-2s, 1099s, pay stubs, etc.) at the beginning of each year or by a date certain.
Finally, don’t forget to review your divorce decree. Some states suggest that the decree set forth the procedure for exchanging income. Your divorce decree may do just that.
If such a provision exists in the decree, most often it will require the exchange of income information from both parties by a date certain, such as April 15, each year.
In either case, you should not be required to disclose your increase in income until such formal request or time specified in the statute or your decree.
In the state of Oklahoma, where I am licensed, the law provides for either the decree to set forth an income exchange procedure or allows for either party to submit a yearly request for income information.
Upon receipt of the request, the party must respond within 45 days. There is no law requiring disclosure without a formal request or a procedure set out in the divorce decree.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of fathers rights and legal advice on divorce, I urge you to contact a family law attorney