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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116780
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I only want this question answered by somebody who

Customer Question

I only want this question answered by somebody who specialises in Virginia Divorce Law please.My ex-husband owes me money for medical bills for our daughters as he is required to pay by our Divorce Agreement. My Lawyer said that if this ever happened it would be the perfect opportunity to find out how much he really earns (he lied during the divorce) as we could file something with the court to force him to provide documentation of what he actually earns. (Unfortunately my Lawyer is on vacation for 3 weeks.)What I need to know is:1. What document do I need to file to find him in breach of our divorce agreement?
2. How do I use this situation to find out how much he really earns? I know he makes double what he claims.I have documentation that I sent him the bills a month ago.Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) Here is a Motion for Rule to Show Cause, which of course you need to modify for your specific request:
You need to file that with the court and send him a copy.
2) If you believe he earns more money than he is claiming to the court, you will have to prove that, which means you have to file a motion to modify support and as part of that motion you have to serve him a request for production for his tax returns and you need to subpoena his employer, banks, credit card companies that you are aware of to get the information to a forensic accountant to try to prove his income is more than he is claiming to the court.
Customer: replied 1 year ago.
Thank you for answering my question. Just to clarify a few points:1.When filing the Motion for Rule to Show Cause do I need to include a sworn affidavit explaining why I am filing? If so does he need to be sent a copy of this affidavit or just a copy of the Motion for Rule to Show Cause?2. When I informed my ex-husband about the money he owed it included about $1000 for his share of my daughters' camp bills for this summer (which he had agreed to pay) and about $800 in medical bills. Can I bring the camp bills into this matter or just the medical bills? (He is required to pay 2/3 of all medical bills as stipulated in our divorce agreement but there is no mention of payments for camp.)3. Does the Motion to Modify Support have to be filed at the same time as the above..if not when is the best time to do it?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You would indeed attach a sworn affidavit regarding the facts you are alleging in your motion to verify the information. He receives a copy of everything you file.

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