How to Draft a Rhode Island Family Court Motion.
Rhode Island Family Lawyers and Medical Provisions

The Rhode Island Divorce Attorney - On Hidden Income!

As most people know, Rhode Island Child Support is based on the gross income of the parents of the child(ren) who are entitled to the support.  What is often not clear about child support is that there are any number of parents who would rather avoid paying their allotted share of child support. 

A parent can attempt to do this in any number of ways by hiding their income.  One way a parent may attempt to do this is to hide income in a corporation or some other such entity like a Limited Liability Company.

Naturally, if the parent is able to conceal their true income or a sufficient amount of their income, then the Rhode Island Child Support Guidelines calculation will be tainted and that parent will not be ordered to pay their appropriate amount of child support because the total child support the child(ren) are entitled to will not be correctly calculated and of course this means the parent will not be paying the appropriate percentage the children are entitled to receive.

There are several things you might want to look into to get at the parent's income.

  1. Obtain the personal and, if applicable, the business tax returns.
  2. Obtain the personal and, if applicable, the business banking records.
  3. Obtain any supporting documentation, receipts, invoices and bills that backup the personal and/or business tax returns of the parent trying to hide the income, especially documents relating to any deductions taken by the parent since deductions are the most likely location where income will be hidden by the parent.

There are several ways you could get at these records.  Some may be more effective than others.
To obtain the records you might try the following:

  1. Send a Request for Production of Documents to the parent attempting to hide the income which specifically requests the documents noted above.
  2. Send Interrogatories (Questions to be Answered Under Oath) to that same parent.
  3. Send a Request for Admissions to the parent, attach any documents that you have that you want the parent to admit the genuineness of, and include any facts that you want the parents to admit to.
  4. Have a Subpoena Duces Tecum (Attendance with Requested Documents) issued by a Notary Public directed to the parent and requesting that the parent produce the requested records in court.  In this instance you would want to request everything from the parent listed above for a reasonable period of time.
  5. Have a Subpoena Duces Tecum (Attendance with Requested Documents) issued by a Notary Public directed to the parents tax preparer requesting that the tax preparer produce his or her entire file including receipts and backup relating to personal and the business tax returns.

Keep in mind that getting business records will be more difficult than obtaining personal records, especially if the records relate to a corporation since the court will have a propensity to protect the records of a business entity and consider it as a separate issue entirely and therefore irrelevant to the individual parent's income.

Authored by:

Christopher A. Pearsall, Esquire
PEARSALL LAW ASSOCIATES
571 Pontiac Avenue
Cranston, RI  02910
Phone:  (401) 354-2369

Attorney Pearsall's practice is focused almost exclusively in the areas of Divorce and Family law.

CALL (401) 354-2369 now to schedule for your low-cost, no obligation legal consultation!

NOTE:  The postings on this website are NOT legal advice, DO NOT create an attorney/client relationship and are NOT a substitute for a detailed consultation with an attorney experienced in the state where you have your legal issue.  This site is based on Rhode Island and is presented for the convenience of the internet public.

* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.

Copyright 2008 - Christopher A. Pearsall and Pearsall Law Associates (All Rights Reserved.)

Comments