Child support modification

[roam_mt]

Dear Soc:

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.)

[socrateaser]

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

Sure, submit a supplimental affidavit stating that you now believe that the other parent's income is $Y. Or, you can attempt to prove earning capacity, by showing what the other parent should reasonably be able to earn in the current job market.

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

Yes, and frequently, at least one of the parties waits until the last second to submit the info, in order to make it more difficult to prepare. Courts rarely will continue based on the evidence being late.

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

You can, but, unless you believe that the discrepancy is huge, it's probably not worth doing.
>
>4. Is there anyway to force her attorney to get us the
>paperwork? (Ws's, paystubs, child support worksheet, etc.)

You could have filed a motion to compel, but it's way too late now.