SoloLawyer : Hello -Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
SoloLawyer : If your decree states that you must alert your ex when your income increases, the only way to get a clear picture of that is with the tax returns and stubs. The offer letter doesn't show anything. I don't think you'll be able to convince the Judge that there is any reason you should not have to turn them over.
SoloLawyer : I hope this answers your question, but if you have a follow up question, I'll be happy to address it.
SoloLawyer : to answer directly, she has a right to the requested information once per year, after requesting in writing
SoloLawyer : Here is the NM statute:
SoloLawyer : B. All child support orders shall contain a provision for the annual exchange of financial information by the obligor and obligee upon a written request by either party. The financial information to be furnished shall include: (1) federal and state tax returns, including all schedules, for the year preceding the request; (2) W-2 statements for the year preceding the request; (3) Internal Revenue Service Form 1099s for the year preceding the request; (4) work-related daycare statements for the year preceding the request; (5) dependent medical insurance premiums for the year preceding the request; and (6) wage and payroll statements for four months preceding the request.
Customer: Ok. so even though the deadline has passed, the fact that I changed jobs would override that? Also, when I was hired, I was given a ONE TIME moving expense check for 6,000 dollars in December. Would she be entitled to part of that too, or how would that be treated since it was included in my W2 as income ? Would I have to pay back child support for the difference from what I have been paying, and what I should've been paying ?
SoloLawyer : From Section 40-4-11.4 - link: http://law.justia.com/codes/new-mexico/2006/nmrc/jd_40-4-114-e8f1.html
SoloLawyer : There is no deadline under the 40-4-11.4 You have to produce them.
SoloLawyer : As far as the $6000 goes, if it's listed as income, it will be counted.
SoloLawyer : Yes, the Judge could possibly order you to pay the difference between what you were paying and what you should have been paying.
Customer: really ? Wow.. After taxes, I only got about 3700 dollars from that moving check, and now she'll even get part of that ? Is there any argument for that at all ?
SoloLawyer : You could argue that it should not be counted as income because it was a moving reimbursement for costs expended. Under that argument, you'd need to show the costs expended.
SoloLawyer : I hope this answers your question, but if you have follow up questions, I'll be happy to address them.
SoloLawyer : I hope you found my time valuable and I would appreciate you rating me if you don't mind. :) Good luck!
SoloLawyer : Michael
Customer: So if I go ahead and send her attorney all my tax stuff, and paystubs, does he have to contact me first, or can he just take the information and run with it, filing with the State of NM my information, and basically doing what they want to do ? Also, Is the Health Insurance question a mute point ? Someone told me that it's her choice, since my daughter lives with her there.
SoloLawyer : I'm not sure what you mean by contact you first. He can use your info to show that you now owe X amount per month and get a judgment/modification to reflect that. Yes, it's her choice, but it's also in the Order, right? To change it, you would need to modify the order.
Customer: By contacting me first, I meant that he would send me whatever he has written up before he files it. Don't I need to agree, or sign something first ?
SoloLawyer : If he is doing an Agree order with the Judge, yes, he would send it to you to sign.
Customer: That way, if I see that He has added anything, such as that moving expense, I can at least argue it with him first
Customer: never know what else he might try to slip in for a change before it gets to the judge
Customer: i just want to try and protect myself
SoloLawyer : Yes, that's correct. I've got to run out of the office now. I hope this was helpful.
SoloLawyer : If you have further follow ups, you can always come back and ask them.
SoloLawyer : I'll be here.
Customer: Thank you so much. Thanks, XXXXX XXXXX run for awhile too
SoloLawyer : I would appreciate a rating if you have time...
SoloLawyer : And I'll be looking for any follow ups.
SoloLawyer : Sincerely,
SoloLawyer : Michael