why would my ex's lawyer need my new spouse's paystubs?

by Ismael Bogan 4 min read

Can I copy my husband’s pay stubs?

Sep 26, 2012 · My husband's ex wife has subpoena'd my last two pay stubs, bank account information and child support. She wants bank account statements from Jan.2011 to current. My husband and I weren't even married until she finally signed the divorce papers in July 2012. They have been separated since March 2010.

When your spouse won't give you your financial information?

May 05, 2014 · In 3+ years, my ex-spouse has been found in contempt several times for withholding child support by failing to provide neither the money nor the paystubs. In addition, my ex-spouse has also lied on financial statements to the courts about employment status (changed jobs several times; some terminations were 'with cause') and income.

Can a spouse lie to an employer about compensation?

Yes, there is a process. Either party could file a motion to modify child support. If a motion is filed with the court, both parties will have to file a financial statement with the court and will likely have to provide the other party with tax returns and other financial documents. It is unlikely that what she is doing will be considered ...

What should I ask my spouse's employer about their compensation?

Your lawyer will likely need documentation of compensation, including bonuses, commissions, raises, promotions, expense accounts, and other benefits or deductions of any kind. If you can get an employment handbook or manual, copy that too. 18. Wills, living wills, powers of attorney, and trust agreements.

Do you have to tell your ex where you work?

unless your settlement agreement requires it, you are not generally obligated to disclose details of your employment. For instance, health insurance and life insurance, if required and provided by your new employer, would reveal your new...May 29, 2017

Can you sue your ex wife after divorce?

In general, yes you can sue. Whether you will be successful or the judge will toss your case out of court is a different question altogether. You may also be required to pay for your ex's lawyer for filing a frivolous lawsuit.

Do I have to tell my ex wife how much I make?

You only need to tell her if a court order required it or if your divorce agreement states so. Otherwise, you can wait until she files for her modification.Apr 26, 2016

Can I sue my soon to be ex husband?

Answer: You very well may be able to sue your former spouse. When someone lies and the lie hurts other people, even when it hurts only their reputations, the injured person can sue for slander and seek financial damages.

Can I sue my ex for emotional distress?

Intentional Infliction of Emotional Distress. In California, victims who suffer emotional distress because of another person's conduct can file a lawsuit for the intentional infliction of emotional distress. There is no requirement that a victim suffers a physical injury.

Can you sue an ex spouse for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

How do I find out how much my ex husband makes?

The first thing you can and should do when trying to find out how much money your spouse makes is to simply ask. You can ask your spouse to fill out an Income and Expense Declaration where your spouse lists his or her monthly income and expenses.Oct 29, 2014

Can I see my ex husband's tax return?

You can't find out. The IRS will not disclose any information on a tax return to someone else who is not their legal representative.Jun 5, 2019

Do I have to tell my ex I got a raise?

Typically, one is not required to advise the other party to a custody arrangement each time their income changes. In each state, there are statutory laws that will set forth a procedure for advising the other party of their income.

Can you sue your ex for emotional trauma?

If someone causes you mental stress and trauma — such as anxiety or paranoia — you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.Dec 24, 2013

What counts as emotional distress?

Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).

What are examples of emotional distress?

Some warning signs of emotional distress include:Ongoing anxiety or depression.Overwhelming fear or panic attacks.Feeling guilty with no apparent reason.Chronic headaches and body aches.Insomnia.Isolation.Extreme fatigue.Relying on substances to alter moods, including alcohol.More items...

Robin Bogen Roshkind

You have to file a case for enforcement and then you will be entitled to subpoena this information directly from your husband's employer. You don't have to take his word for it. Robin Roshkind, Esquire#N#More

Michael J. Szklasz

Attorney Lebensbaum is correct. You can subpoena them directly from his employer if you file contempt.

Henry Lebensbaum

File an action for contempt and find a way to subpoena your ex's financial records for the hearing date of the contempt. You may need assistance to compose, and properly serve a subpoena requesting documents. You can subpoena all of his employment records, not only the financial ones. e.g. personnel file...

What is an attorney's fee award?

an attorney's fee award— where your spouse pays for the attorney’s fees you incurred in bringing the motion. evidentiary sanctions—where the court prevents your spouse from introducing certain evidence at trial, and. jail time—ordering that your spouse spend a certain amount of time in jail.

What is a request for production of documents?

Whether you live in a mandatory disclosure state or not, you can send your spouse a formal request for information, typically called a “Request for Production of Documents.”. You can also send questions for your spouse to answer under oath, called “Interrogatories.”.

What is the most important thing to know about divorce?

In divorce, credibility is one of the most important aspects of any case. Once a judge determines a spouse’s statements can’t be trusted, recovering credibility can be very difficult. You may need to print or download online banking and brokerage accounts from the Internet. If so, you may need a login and password.

What is financial statement?

Financial statements are submitted to banks and lending institutions to document the borrower’s ability to pay back a loan. “Financial statements” is a general term describing statements of net worth, balance sheets, profit-and-loss statements, income statements, and statements of cash flow. 2.

Can a lawyer find a smoking gun?

Bring to your lawyer any information or documents that are potentially damaging to your case. Some clients pray the other spouse won’t find a “smoking gun” document and go to great lengths to hide the document amidst a mass of other documentation or simply won’t produce it. This is a mistake. If you produce five years of credit card statements, hoping to bury one embarrassing statement in a stack of documents, the opposing attorney will almost always find it.

When Your Spouse Won’T Provide Financial Information

  • If you're going through a divorce, one of the first things an attorney will tell you is to gather your financial information, including bank account statements, credit card statements, title documents, and mortgage documents. Some couples have shared records throughout the marriage, but most divorcing spouses will need to exchange at least some financial documents. …
See more on lawyers.com

An Overview of Requesting Financial Information During A Divorce

  • In some states, divorcing spouses must provide each other certain financial information at the beginning of the case, sometimes termed “mandatory discovery" or "preliminary financial disclosures." If you live in one of these jurisdictions, you and your spouse will have to provide each other with a list of assets and debts, financial account information, credit card balances, and si…
See more on lawyers.com

Using The Court to Force Your Spouse to Provide Financial Information

  • If your spouse refuses to produce financial information, whether it’s under mandatory discovery or a specific request for documents or information, you can take the issue up with the court. Judges who preside over divorce cases know that spouses can’t reach fair and informed divorce settlement agreements unless they have all the facts about their marital estates. Family law cou…
See more on lawyers.com

Subpoenas and Depositions

  • You have other options to obtain financial information besides waiting on your spouse to turn it over. In a divorce, either spouse can directly send a subpoena to third parties with financial information relevant to the case. A “subpoena duces tecum” requires the third-party recipient to turn over documents. Attorneys routinely send these subpoenas to banks, credit card companie…
See more on lawyers.com