Legal Question in Family Law in Maryland

Financial Infromation for Child Support Modification

My ex-wife/custodial parent of our child wants my financial information, but does not want to give me hers. No exchange has occurred. I'm now anticipating being served for child support modification.

When we married, and until she got re-married, she was making about $20,000 as a part-time skilled technician (this job now pays 24,000-36,000 in our area). She now is self employed and also does extensive bartering in support of her recreational pursuits (probably not reported to IRS). My income is in the low 40's. Her husband makes 50+. She will probably report an extremely low, artificial income to the court.

It seems like I have two choices:

1. Subpoena her business and personal financial records (and possibly those of the business that she barters with) in order to attribute a more accurate income to her.

2. Accept her reported income and try to attribute part of her husband's income to her because he is enabling her choice to have a (supposedly) low income.

Are these options? What is the best course? Are there other options?

Also, would she be able to subpoena my personal financial records, in retaliation, just to go fishing? (I am not self employed. I do not barter, and do not hide income.)

Thank you.


Asked on 7/09/04, 1:59 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Financial Infromation for Child Support Modification

During discovery you can request financial information and be prepared to also provide the same. If you know those that she deals with on a barter basis then these people may be a source of information. If they refuse to cooperate by giving truthful information then further review may be needed by an attorney.

You can also cite her for contempt. Take note that in many cases there is little punitive measure taken so this may or may not be effective.

You should contact an attorney should you require assistance with this matter. (410) 799-9002

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Answered on 7/10/04, 12:19 pm
Robert Sher Wagshal and Sher

Re: Financial Infromation for Child Support Modification

If your ex is unwilling to exchange financial information, you should decline to give yours to her unilaterally. If she files a modification petition and serves you with discovery requests, you have the opportunity to do the same.

I don't think you'll be able to attribute her husband's income to her for child support, but if you plan to claim voluntary impoverishment (ie, earning less income than she's capable), you can cite the fact that he supports her to buttress your argument.

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Answered on 7/09/04, 2:27 pm


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