Dear Attorneys,
My wife and I make around the same amount of money at our “day jobs.” However, I’m a baseball umpire on the side, and she cleans houses on the side. My income from baseball is all easily trackable through an app/account. However, she gets paid mostly in cash and has historically claimed little to none of it on our taxes. Now we are going through a divorce, and we have a shared parenting plan. She isn’t reporting any of her “side hustle” income on her financial affidavit. When I ask her about it, she says she hasn’t had a side job in months. But I know some of her friends who are clients, and they are saying differently. How do I get her to disclose this income so that I know whether or not I would qualify for child support?
Sincerely,
Side Hustle Sam
Dear Sam,
It’s always a tricky situation when cash payments are involved. However, you probably have a few different discovery options. First, you may just want to start by filing a supplemental request for production and ask for an itemization of any cash received for any work done in the last three (3) years. If you are not satisfied with the documentation provided, then you should discuss written discovery options with your attorney. These may include, but not be limited to, drafting Requests for Admission and/or Interrogatories. If you start to notice that she is being inconsistent, at the very least, that could hold some weight. However, if you still are unable to get a good grasp on it, you may want to schedule a deposition and see if your lawyer can get her either to mix up her answers or finally come out with the truth. We would recommend having a discussion with your attorney to see what the best course of action would be to start with.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
