Question:
My ex and I are legally divorced and have joint custody of our two minor children with her being residential custodian. She is very vindictive and constantly harassing me for money. I pay my child support and everything I am supposed to pay. She has brought a family court action for child care expenses, which we have an appearance scheduled for next week. Today she emailed me stating that she contacted my employer to get information about my pay checks (which she had garnished) and she stated that they told her that I am out on family leave (which is incorrect). My question is… does she have a right to contact my employer? and is my employer required to give her any information???
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Answer:
As an experienced Saratoga Child Support Attorney, I often help clients dealing with these types of issues. Generally speaking, your ex wife can contact your employer–but your employer is under absolutely no obligation to provide your ex with information. Since she has commenced a new support proceeding, you will be required to complete a Financial Disclosure Affidavit (otherwise known as “compulsory financial disclosure) with the court. This is your sworn statement as to your current income and employment status, together with copies of recent pay stubs and tax returns. Pursuant to the Family Court Act, you are both required to file Financial Disclosure Affidavits. Beyond the Financial Disclosure Affidavits, your ex wife may also be entitled to further information (if relevant) though the process known as Discovery (the exchange of relevant documents pursuant to the directives of the court), and may be able to subpoena your employer to a support hearing if that becomes relevant or necessary.
If your ex Wife’s requested are repeated or jeopardizing your employment, are overboard (i.e. she is requesting everything under the sun even though it’s unrelated to her request for more support), or you have reason to believe that she will misuse the information she is seeking, you should inform your Saratoga Child Support Attorney and/or the court of your specific concerns.
Are you dealing with an overbearing ex that is harassing you for more child support? Contact experienced Saratoga Child Support Attorney Jean Mahserjian to guide you
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Saratoga Child Custody Lawyer. This does not consent an attorney client relationship.
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