Tuesday, April 29, 2008

Discovery and Child Support

The Rhode Island Divorce Attorney Blog discusses information needed to get the correct income for preparing a child support worksheet. Christopher Pearsall writes about this in the context of a parent hiding income through a business.

There are several things you might want to look into to get at the parent's income.

  1. Obtain the personal and, if applicable, the business tax returns.
  2. Obtain the personal and, if applicable, the business banking records.
  3. Obtain any supporting documentation, receipts, invoices and bills that backup the personal and/or business tax returns of the parent trying to hide the income, especially documents relating to any deductions taken by the parent since deductions are the most likely location where income will be hidden by the parent.
Mr. Pearsall goes onto a discussion of methods of getting at this information. In Indiana, those techniques would be:
  1. Motion to Produce
  2. Motion to Produce to a Third Party. Indiana Trial Rule 34(C) covers the process usually assigned to a subpoena duces tecum.
  3. Interrogatories.
  4. Deposition. (About depositions, you might want to take a look at my article Family Law Discovery: Depositions.)
I think everyone should now see the utility of discovery. If not, take a look at my earlier article Discovery.

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