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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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How likely will I be penalized if the custodial parent has

Customer Question

How likely will I be penalized if the custodial parent has never requested my last paystub since divorce although the 2008 divorce decree says "shall provide at year end"? I"m inquiring because my child support was modified last year when I was unemployed. I began working a few months ago so my income has increased. I'm currently paying the c/s modification payments from last year plus additional amounts voluntarily. I've remained current on child support payments during unemployment so I am not in arrears. If a new child support modification starts on the date of petition filed by her, can I be penalized if she never requested my paystubs? Same question just hopefully phrased differently. Thanks
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.

To answer directly, it is up to the other person to formally request the documentation. A 'shall provide' clause can be reasonably read to mean, that the party 'shall provide' upon request, and the onus is not on them to automatically provide without request. Therefore, if that argument is made, AND the person can show that they are paying timely, without being in arrears, and are still being responsible, I do not see a judge go beyond admonishment unless this party has been in front of this judge in the past for similar infractions or similar misunderstandings.


Dimitry, Esq.