The use of evidence in a child support case is very important. This is because child support cases are so fact specific. A lot of attorneys who handle child support cases limit themselves in terms of the type of evidence they use or gather. Most practitioners simply think that a child support case is nothing but crunching numbers. Here are three types of unique evidence to use in a child support case that can help you win, whether you are trying to get child support or decrease child support.
1. Go deeper on tax returns. Most people think that the numbers are the numbers off the tax returns, but there is so much under utilized evidence on a tax return that most people forget to think about. Don’t limit yourself to looking at income numbers. Consider things that are often overlooked like depreciation that is taken, investments, total income sources and such. Most people will just look at the gross income and don’t consider what other aspects of the tax return demonstrate. Maybe somebody withdrew from a retirement account? Maybe a self employed person is trying to decrease their income with improper deductions? Don’t limit yourself just to on the face, easy to see parts of the tax returns. Go deeper!
2. Applications for credit. This is usually a very underused opportunity. When someone applies for any type of credit, they usually over state their assets and income. That is why we often ask for mortgage applications, credit card applications and other types of applications for credit. One of the biggest fights in a child support case is the proper income figures. Use credit applications to help create the evidence you need.
3. Child Support is more than numbers! Consider other evidence. In NM there is a big difference between the use of worksheet A and B. Most attorneys think it’s as simple as the difference in time sharing. While time sharing is very important there is a deeper requirement. The statute also discusses the need for showing that a parent significantly contributes to the duties, responsibilities and obligations of parenting. This opens a whole host of facts that can be developed to help in a child support case that goes beyond the time sharing.
As you can see there is more to a child support case than just looking at the numbers. It requires deeper analysis. Talk to one of our child support expert attorneys by emailing us at info@JusticeLegalGroup.com or call us at 505-880-8737.