By Anna M. Ciardi
Many divorcing or separated fathers have questions about the legal process of a divorce case, including what information is required to divulge to their ex-wife if there have been no court orders issued.
The most common example is the request for the other party’s financial information for purposes of calculating possible child support amounts.
However, unless there is an order from the court, there is no requirement to turn over financial information prior to it being requested by the judge. That being said, it will be required by the court in due time.
There are generally three aspects of dissolving a marriage:
1.) the divorce and division of property and assets;
2.) determining custody of the children; and
3.) child and spousal support issues.
So while your wife’s divorce attorney may be requesting your financial information specifically for child support calculations, it will also be relevant for resolving these other issues.
States have guidelines that assist courts in determining the amount of child support to be paid. Undoubtedly, your income information will be a very necessary factor in calculating child support. Your wife’s income and amount of parenting time are also important factors in calculating child support.
How Much Should You Be Paying?
Your financial information will also come into play in determining possible alimony payments and in the division of property.
A divorce lawyer licensed in your jurisdiction could examine your particular financial information and advise you as to what is relevant to calculating child support and what financial information will come into play for resolving other aspects of your divorce. The attorney will also be able to advise you on whether there is anything which may appropriately be deducted in determining your net income.
Remember, your wife’s divorce attorney is looking out for her best interests, so even if you choose not to have an attorney represent you in actively negotiating your child support settlement, to the extent that a settlement is proposed, you may want to have an attorney of your own look it over before formally agreeing to anything.