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Q- Custodial parent—I already have a child support court ordered agreement in place since 2014. Recently petition family court NY for child support modification and have received a hearing date. Originally meeting with court I asked for limited discovery should I need it. Non-custodial parent is a lawyer with his own LLC, issues himself a pay stub as an employee of his own LLC and is refusing to submit tax returns upon my request. He has submitted a pay stub instead which I believe dramatically and delivery lowers his income. Do I have a right to see his tax returns (1-3 years) and if so, what is the process I need to file through the courts to compel him to comply with this request.
A-Assuming you’ve satisfied a valid basis for modification, then both sides are entitled to receipt of the other’s mandatory disclosure. If you want additional documentation, then you’d need to file a motion for permission to serve a discovery notice upon him. Schedule a consult with a Westchester Child Support attorney for a full assessment.