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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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What right do I have to know ALL of my wifes income - waitress

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What right do I have to know ALL of my wife's income - waitress who did not report TIP income, only $8,000 wages for the year. Also, she has received a rather large amount from her deceased parents' estate. Seems she has no need/desire to pursue full time employment. I wish only to argue for $500 less in alimony. She has both kids (21 and 16), and we have been separated for 2.5 years. Divorcing pro se. If I even have a right to know the tips and estate income, how may I GET the information... what legal method may I employ to get the information?

In any family law proceeding involving financial issues, both parties have a right to full and complete disclosure of the other's financial situation. This would include her salary, tips and any inheritance, to name a few.

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To obtain disclosures, you might draft a request to produce listing whatever documents you desire. For example, you might request her paystubs, tax returns, the supporting documents for the returns, her bank statements and credit card statements. You could then peruse the provided documents to find any discrepancies. For example, if she lists income of $1,000 per month but is paying $1,500 per month in bills, then she would obviously be underreporting her income by at least $500 per month.

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Customer: replied 3 years ago.

Does a request need to be formatted in any particular fashion, and should the request be made to my wife, her attorney, or BOTH? I am assuming I can rely on a reasonable response within 15 days, or that I may have to personally escalate the issue, if documents are denied.

The only requirement of the request is that you be sure to list everything you desire. You might consider checking with your local clerk of court, the clerk may well have template documents for just such a request. If so, you would then merely need to fill in the blanks. Also, the request would be sent to your wife in care of the attorney. And yes, if the attorney failed to respond in a timely manner, you could follow up with a motion to compel wherein you ask the judge to order compliance.

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I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
.
If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.