Family Law Questions? Ask a Family Lawyer Online.
Hello, I am sorry to hear about your situation. I have read your post, but what can I help you with? Are you wondering how to get a different or more definite amount of spousal support?
I understand. In order to seek a modification or a recalculation of permanent spousal support you will have to file a petition to modify the spousal support order. Generally, if there was an average that he could make from his commissions at the 30 percent, then you can petition the court to recalculate and reorder the payment of spousal support in that amount. Considering he has purchased and built a new house, and has apparently found a way to usurp the spousal support order by either making money elsewhere, or intentionally not selling as much so as to cause you financial hardship, you can put that in your petition, but you will need proof of it.
Well, you can get proof that he built the home, and that he makes money elsewhere, by filing what is known as discovery requests after you file the petition to modify the spousal support. Discovery requests are mean to gather that type of information.
After you file for a modification, you would file a discovery requests which usually come in the form of asking interrogatories (i.e. questions), and request for production of documents (which is a request seeking documentation of his income).
I understand. The first step is to file the petition which will probably have to be drafted. You can consult your county clerk's office to see if they have a standard form with which you can file for the modification of the order. If they do not you will have to go to your local law library, or find a template online, and simply draft the document and file it with your county clerk to "start" the action.
After you start the action, you can then seek to draft the questions, and requests for production of documents, and serve on him so that you can ascertain what and where his money has gone.
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I certainly understand, and your judicial relief can be found in the steps I gave you, I wish you the best of luck!
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Thank you. Have a great rest of your evening.
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