SPARC Forums

Hello. I posted this on Soc as well but was hoping to hear from anyone in similar situation or anyone who had been through this. Any advice would be greatly appreciated.

I have a new question regarding our Modification of Child Support case. The state is Washington. We are set to go to court this Friday (has been postponed 2 times already). My ex's attorney has not given the income worksheets and verification of ex's income to our attorney yet. She took the case over 3 weeks ago. We have submitted all of our paperwork that our attorney has requested. Our attorney said he thinks he input her income at less than she actually makes and that is why she has not submitted the paperwork. He also told me that if she does not give him the paperwork before Friday (our court date) than the child support will be based on what we input for her income, not her actual income. This makes absolutely no sense to me.

1. Is my attorney right? Is there nothing we can do?

2. Shouldn't her attorney be required to have the information to our attorney?

3. Can I ask my attorney to postpone the hearing again in order to make sure we have the paperwork?

4. Is there anyway to force her attorney to get us the paperwork? (Ws's, paystubs, child support worksheet, etc.)

NO your attorney is wrong! There is ALWAYS something you can do. Yes her attorney is required to give your the information, but NOT all.You PAY for an attorney then YOU tell them what YOU want.If that doesn't work I'm sure that attorney is not the only one in town.Ha Ha


TIP OF THE DAY:
As they say you have to have a lot of AMMUNITION in order to fight the war. If you don't you might want to take cover or get the hell out!

Ask your attorney about a motion to compel. This is a document filed through the court ORDERING the other party to comply with the production of the records with stiff penalties if they don't.

TM

hello

I agree with TM  unfortunately the hearing is Friday and service of any motion is required to be with in a certain amount of days (varies by state) so that they can respond.

A motion to compel along with a request for sanctions should be prepared and ready for Friday.    

Depending on who got the first 2 postponements the judge (might) order a new date for hearing.

they let the ones getting support get away with this all the time.

why has your attorney not compelled the information as of yet this is SOP  (standard operating procedure) for any attorney and should have been mailed out pretty much right after you hired her and informed her that you have not gotten the ex's info.

rini