Is a girlfriend’s income relevant to spousal support?

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Is a girlfriend’s income relevant to spousal support?

My boyfriend and I live together and he is going through a divorce. His wife’s attorney has deposed me asking for my tax return and bank statements. I have no desire to provide this info. Can I be forced to legally?

Asked on June 12, 2011 under Family Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, your income could be releveant, because you are living togther. For example, since you are living together, the more you earn, the more of your joint living expenses you could shoulder; therefore, you income directly impacts how much disposable income your boyfriend has, and therefore what he could afford to pay in support.

If the lawyer has subpoened you for a deposition or otherwise used legal process, the attorney can make you testify; because the information is relevant, they can request it from you using legal processes and compel you to be deposed. If you're resistant to or worried about disclosing this informaiton, retain a lawyer who may be able to exclude some of it on various grounds (too sensitive, confidential, or personal; implicates personal information of uninolved third parties; etc.).


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