Can I Make My Spouse Disclose their Income in our Sacramento Divorce?

by | Sep 30, 2013 | Firm News |

In Sacramento divorces cases a contentious issue is getting each party to disclose their income.  Often times one or both spouses feel the other spouse is not disclosing all of their income in order to affect the child support or spousal support calculations.  Sometimes one spouse is simply vindictive and believes the other spouse is not entitled to information about their income.

Vindictiveness and disobedience are not tolerated by the Sacramento family court.  Both spouses have a legal obligation to file income and expense declarations and include copies of their most recent paystubs and other documentation of any other income source in their Sacramento divorce.  (Failure to properly disclose all income is a breach of a legal duty to the other spouse and can lead to significant monetary sanctions or other harsh consequences for their case.)  If either spouse has doubts regarding the truthfulness of the other spouse’s income and expense declaration, they have a few options.  First, they can approach the other spouse privately or through their attorney and request additional income documents.  Second, they can send demands for documents (legal discovery) to the spouse, the spouse’s employer, the spouse’s bank accounts, etc.  Third, they can file a motion with the court to enforce document discovery demands.  The Sacramento family court is very tolerant of document discovery so long as the requests are reasonably calculated to the uncovering of admissible court evidence.

If you are having difficulty confirming your spouse’s income in your Sacramento divorce, please give us a call.  We can help you analyze the income of both spouses and options that you have in uncovering and proving your spouse’s income.  Please give our Sacramento divorce attorneys a call today for your free half hour consultation.