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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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Hello, I have the following issuethat I intent to seek legal

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Hello,

I have the following issuethat I intent to seek legal assistance with through the department of Child Support Services (because they will act on my behalf at no cost).
Please let me know if this pursuable. - Adjustment of my support backdated to April 2012 as the judgement amount was based on an incorrect tax filing. My ex said he had not filed taxes yet. My lawyer based it on him filing head of household with one dependent. He is married with three dependents and he possibly filed a fourth (our 2nd child he is not supposed to claim). Also, do you think this change would be a monetary amount worth me pursuing? I am very low income and have struggled. Please advise.
Submitted: 1 year ago.
Category: Family Law
Expert:  stevexo replied 1 year ago.
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help. The Department is very good, and will assist you in getting any back child support you are owed. As far as modifying the amount of the payment, this they will not do, as they only act to collect the amount that the court has set, and do not act as attorneys to modify your final judgment. If you desire this change, and I believe it would be worth while to do it, you will need to file a motion to modify the final judgment, and prove to the court what you have alleged her. If you can do that, then the court has the power to amend this for you. Sincerely, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you that is good to know.


If I file this motion myself, can you briefly walk me through what I will need to do? Another concern of mine is that ex will "doctor" his taxes and a solution to this is to request a tax schedule that can be sent directly to me (if I am a pro se litigant, or to my attorney, if I secure one). What do I need to do to request that my ex sign the IRS consent form to get me the taxes I want? Is it something I would need to file legally to request?


 


Also, our court orders state that he is to give me a portion of his bonuses according to a bonus schedule. He told me he didn't recieve a bonus last year. I don't believe him. I called his HR Dept and there is only a voicemail and no one will call me back. What do I need to do to get this information from them. I want his 2012 income and especially information on any bonus he recieved. What should I do?

Customer: replied 1 year ago.

Thank you that is good to know.


If I file this motion myself, can you briefly walk me through what I will need to do? Another concern of mine is that ex will "doctor" his taxes and a solution to this is to request a tax schedule that can be sent directly to me (if I am a pro se litigant, or to my attorney, if I secure one). What do I need to do to request that my ex sign the IRS consent form to get me the taxes I want? Is it something I would need to file legally to request?

Expert:  stevexo replied 1 year ago.
You have the right to his tax return. Since he is a party to the action all you need to do is send him a notice to produce. And list the tax return as the item you want produced. You specify it must be a signed copy of the original filed. The notice to produce does not even need a hearing, or the court involved. It is just sent to him and he has to provide it to you. To walk you through the motion for contempt, I really did already outline what you do. Walking you through would be to first file the motion, then set it for hearing and then prove at the hearing with evidence the allegations in question. If there is something specific you do not understand about this, please be specific and I will try and answer, so you understand exactly what to do, as this really is a winner motion for you. Sincerely,Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Steve,


You make it all sound so easy. I'm actually going to do this myself since it's for time in the past, if I don't get (but I feel I will) then I won't have lost anything. About what you said in regards XXXXX XXXXX producing the tax returns, if he won't then do I have to file a contempt motion for his non-compliance?


 


Also, how do I get his employer to disclose his bonus information to me, if possible?

Expert:  stevexo replied 1 year ago.
No, and that is real easy also. I will out of courtesy answer these additional questions, as usually it is limited to the original question. If he does not give you the requested documents, then you file with the court a motion to compel. Then the court will set a date for him to appear, and he has to explain to the court why he should not be held him in contempt, for failing to produce the documents. At this hearing the Judge most likely will hold off on the contempt, if he gives you the information, like within 10 days. The employer because he is not a party to the action, cannot just be served with a notice to produce. He is served with a subpoena duces tecum, which is just a fancy word for a subpoena that commands one to supply records. He gets served with this and then he must give you these documents. No court needs to be involved in getting this either, as a subpoena ducas tecum is merely filed by you, and he complies. The court only gets involved if he will not produce it. I really think that you should at least get the help of local counsel. If not for the entire case, at least to guide you through these type of things. Sincerely, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Steve, I'm drowning in debt and legal bills given that my ex has taken me to court quarterly over the past year. I appreciate your info more than you can know. Last question: When I ask my ex for his taxes what is a fair amount of time to give him to supply me with the information before filing a motion to compel?


 


Also just so you know, this plan has advised me not to start new threads for every question and informed me of their fair use policy which is why I asked my questions this way. Thanks for understanding.You have been fantastic!

Expert:  stevexo replied 1 year ago.
When you serve him with the notice to produce give him in that document, 20 days to respond. If that time period runs, and no production, then go ahead and file your motion to compel. I am more than glad to give you advice that can enable you to handle this yourself. It gives me a great deal of satisfaction to empower a person to do this. I think though perhaps you misunderstood what they stated about the plan. Yes go ahead and ask your questions, and in the amount the plan covers, but I do not think they told you to keep asking new questions in one post, as that would violate site policy, which is each post is limited to one question and then an initial answer or perhaps one or two to qualify the original question. If it is a new question it should be a new post, which should be no problem with that plan. If you think I am incorrect, I always tell the customer to ask customer service., as they are the ones that know this type of information the best. Good Luck, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Since he has a lawyer now can I send the notice to produce the document to his lawyer? and should I tell him that if not received within 20 days then I will file a motion to compel without further notice?Also is there a link to a good form to use for the "notice to purpose" that you can send me?


 


I'm not sure on the plan, it's been a while but checking back with C/S is a good idea. Thanks for wishing me luck. I do feel empowered.

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