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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in CA, but my support order is from WI. My two children

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I live in CA, but my support order is from WI. My two children live with their father in Wisconsin and I currently pay support. My daughter is now 18 and will be graduating in June of this year. I asked for a review of my child support order since she is 18 and will be out of school on June 14, 2013. I was sent a financial disclosure form and a request for tax returns, w2's etc. My concern is that I am currently married and I am uncertain about providing such sensitive information which includes my husbands information. I have no problem providing my W2's and payroll information and stubs, but my husband is not. So, first question is why do they need my husbands financial information (I currently work full-time) 2nd question is do I need representation and if so, do I have to get an attorney in Wisconsin or can I have a California attorney represent me from here?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

First of all, as this is being evaluated and reviewed in Wisconsin, you will need Wisconsin representation. You could in theory do this without an attorney, but if you are unable to travel to the hearing, having a local attorney there with a signed power of attorney could be sufficient in allowing you to not appear at the hearing in person. A California attorney would not be able to appear in a Wisconsin court unless a special appearance is requested, and that would be additional money that you do not need to pay for.

As for yours and your husband's financial information, his information is not used to calculate your obligation, but as you are married and assets are deemed to be communal in nature, the courts want to evaluate the whole estate's financial obligations even if only your numbers are going to be used to calculate the obligations. This is why they need your husband's information--in rare cases a spouse could be requested to help with support (but exceedingly rare cases) and since his income is in part yours, the courts want to see a full financial picture for your family.

Good luck.

Customer: replied 1 year ago.


I appreciate your response. If I can travel to Wisconsin, I would not have to have an attorney? I also have concerns since my income is quite a lot less than it was at the time of my first support order.(The company I worked for went bankrupt and I lost my job.) I could not find another job for over two years and have settled on any job I could get. Currently, I pay almost 75 percent of what I earn toward the current support order which is more than the 25 % for 2 children. My husband makes significantly more money and also has recently inherited money as a result of his mothers passing. Does the court deem this as special circumstances and could make me pay higher than the 17 percent for one child?

Expert:  Dimitry K., Esq. replied 1 year ago.

Sharon,

Thank you for your follow-up. You really do not need an attorney at all unless the other party has an attorney and is ready to contest your requests--then obtaining counsel makes sense as you are required to defend your rights. Plus, in your case you can legitimately push for a lowering of support since your support payments are calculated based on income, specifically your current income. Just by the fact you make less money now you had the right and the ability to file a petition to have the courts recalculate your financial obligation.

The fact your spouse earns far more than you, or inherited funds is a non-issue. Those are his funds, not yours, and those funds, especially the inheritance, plays no part in your child support calculation.

Good luck!

Customer: replied 1 year ago.


You have been very helpful. I have only one last questions for you. On the financial disclosure form it asks you to list all of your 401K's, savings, stocks etc. Now I know the "ex" does not save at all and I have put away money since my early 20's and have built a nice retirement fund and so has my husband. You said previously that this info. is required so that the court can get an idea of our financial situation, so I assume that this would not be taking into consideration as well? Is that correct?


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Sharon. Glad to hear that I have been able to assist.

It is also likewise not taken into consideration, at least not directly. What the courts use primarily is your actual wage that you earn, not the savings you keep on-hand.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38542
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Family Lawyer
38542 Satisfied Customers
I provide family and divorce law advice to my clients in my firm.