Monday, December 22, 2014

When a custodial parent files a motion to have child support adjusted (increased), must she also file an affadavit of income and expenses? I...

Question

When a custodial parent files a motion to have child support adjusted (increased), must she also file an affadavit of income and expenses? In this particular case, the CP has significant income from rental property, and also has received enormous financial benefit from family (her parents bought her a house and a car). If an affadavit of income and expenses is required, must the NCP list ALL sources of income? Or can certain things (like the parent's gifts or rental property income) be ommited?

Thanks.



Answer

Every count has different rules. If you are seeking financial relief, in Cook, you must serve a completed Disclosure Statement whenever you seek such relief. In addition you can not conduct any discovery unless you have served a completed form with the required attachments. All sources of income, including ongoing gifts and rental property income must be included.



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