QUESTION
Can I sue for legal costs for hiding employment income?
Asked on Feb 14th, 2013 on Divorce - Michigan
More details to this question:
My ex did not notify me that she obtained a new job last year that paid her 3 times the salary currently used in our child support calculation. If I obtain a lawyer to recalculate support for the past 8 months, can I sue for legal fees? Does the friend of the court or the judge grant legal fee reimbursement?
9 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you can prove that she lied about her income (vs. did not simply tell you), you can argue for legal fees. You need to prove fraud unless she was ordered to actually tell you about her new income.
Answered on Feb 19th, 2013 at 7:21 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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This does not sound like a Wisconsin law question. In any case, in Wisconsin you can move the Court to modify the child support. Any change the court may order will date back only to the date you filed and served the motion.
Answered on Feb 19th, 2013 at 6:46 PM
A judge can award attorney fees under the right circumstances. However, a judge cannot modify child support retroactively beyond the date of filing of your motion to modify.
Answered on Feb 18th, 2013 at 11:29 PM
When a significant change in circumstances occurs, it is appropriate to revisit the prior order. You or your legal representative can file a motion to modify the existing support order. The request for the other side to cover the legal fees and case expenses can be included as part of the request for relief. It is up to the Court to decide whether or not that request will be granted.
Answered on Feb 18th, 2013 at 11:01 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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Your ex wife had a duty to notify you if her employment constituted a significant raise of income to her, assuming you have joint custody of your child. If you do not have joint physical custody of your child, it does not matter that she makes more income - the calculation of a non custodial parent is statutory. If you do have joint physical custody, before making a motion for modification of child support, your counsel, under our local rules must attempt to resolve the matter with your ex prior to filing a motion. The court has the jurisdiction and power to award "reasonable" attorney's fees for having to bring the motion; it is up to the judge to make the decision whether or not to award fees and how much to award.
Answered on Feb 18th, 2013 at 11:01 PM
John Arthur Smitten
Potentially, yes. If one party does not accurately disclose their assets and income then the court can impose sanctions, including attorney fees.
Answered on Feb 18th, 2013 at 10:56 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You cannot retroactively modify support. File your motion now and depending upon the relative incomes of the parties, you may also be able to request attorney's fees. I don't know what you are referring to by asking about a "friend of the court", but Judges rule on requested orders.
Answered on Feb 18th, 2013 at 10:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You probably will not get legal fees unless you can prove that she had the income when the document was signed. However, her new income might be enough to be a significant and material change in circumstances that would let a judge modify the child support order.
Answered on Feb 18th, 2013 at 10:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to review your judgment, unless there is an order to the contrary there is normally no affirmative duty to inform an ex of a new job or raise. Lying to the court is a different story.
Answered on Feb 18th, 2013 at 10:49 PM