How To File For A Financial Disclosure

Question

My husband gave me a financial disclosure October 2014, but I know he is now making twice the amount he listed. The Commissioner ordered him to give more financial information before mediation. Mediation was two weeks ago, and I still do not have any updated information. Is there a form I need to file? How do I get an updated financial disclosure? I want him to pay more in child support, as he is paying only $30 a month for our two children based on the previous amounts listed. When I asked him in mediation for that information, he refused to give me exact numbers. I need solid documents to show everything before I finalize our mediation agreements. Our next session is on the 28th of this month. Thank you in advance for your time!

Answer

If your husband is not disclosing the correct amount of income on his financial declaration, you will need to find that information in a different way. Possible ways to get this information is to subpoena his employer. If he is self employed, you should send a request for production of all of his business documents. I would ask to delay the mediation set on January 28, 2015 because you will not have time to get the information by then.

I suggest that you not sign papers or agree to a resolution until you receive assurance that there has been full disclosure. Subpoenas have to be served at least two weeks before the disclosure date. Requests for production of documents are not due back to you until 28 days plus mailing from the date you mail those. I suggest you get an attorney to help you prepare these requests. However, discovery will be a much cheaper and effective way to find the information you seek. Court rules require the other party to provide full responses to these requests. If he does not provide the information, you may consider an evidentiary sanction at that time.

Cameron JohnsonHow To File For A Financial Disclosure