What documents do I need to present if I have requested a child support modification?

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What documents do I need to present if I have requested a child support modification?

I have requested a child support modification because my oldest daughter was emancipated 2 years ago and I was paying the same amount for one daughter as I was for two. I didn’t mind paying more while my oldest was going to school.I first approached my ex-wife with an offer to agree on a reasonable amount of child support and file a modification stipulation order, but she refused to even discuss it. I filed a request for modification.I filled out the financial affidavit and submitted my last 3 years W-2’s and 6 months of paychecks stubs but her attorney wants my last 3 years tax returns. I file jointly with my current wife of 8 years and she is not comfortable giving her sensitive income and tax information to my ex-wife. Do I have to give this info to the ex-wife or is the financial affidavit, 3 years W-2’s and check studs sufficient?

Asked on October 17, 2012 under Family Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would give what information you are willing to give, along with the proof of emancipation and have the court indicate what the court demands further. Just because the ex-wife's lawyer wants additional information, it doesn't mean you should give it. Yes, the court may indicate it needs your wife's information, but the let the court decide.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Ordinarily with respect to a child support modification application one submits the petition, the declaration, the income and expense report (net monthly) and back up documentation such as W-2's and check stubs attached to the declaration. The court makes the decision on the modification request based upon the net monthly income of both parents.

The above information is served upon your "ex" and filed with the court. I suggest that you consult with a family law attorney to assist you in your endeavor. Do not give your tax returns. They are privileged.


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