This is the next post in my series on proving underemployment in Las Vegas, Nevada child support cases. My last post discussed what it means to be underemployed for child support purposes. It is important to understand that the Clark County Family Court will not allow one to work less for for a lower wage simply as a way of getting out of paying support. If you believe that your ex is trying to “beat the system” then it is important to contact a family law attorney as soon as possible. In this article I will discuss steps which a lawyer can take to prove that a parent is underemployed. If you require assistance then call my office today.
I have previously discussed the use of the discovery in child support modification cases. Many of those same concepts will apply in cases involving underemployment. Discovery is the process by which information is gained from the other side in litigation. There are several tools available for gaining such information. Interrogatories are written questions to which the other side must provide detailed written answers. Requests for Production allow one to acquire records, written documents, and other physical items. Finally a deposition can be taken. This process requires a party or witness to appear and be interviewed in the presence of a Court Reporter. A transcript of the interview will be generated and, if the witness attempts to change their story at trial, the transcript can be used to show the inconsistency.
The above-mentioned tools are critical to proving a parent is underemployed. If a parent is claiming to have been laid off from their job then it is possible to obtain their employment file to determine if they were laid off or, if in fact, they quit. Also, interrogatories may be used to require the other party to list all of the steps which they have taken to secure better employment. If a parent claims to have applied at multiple places then it is possible to determine whether those applications have actually been turned in. It is also possible to gain information related to steps the paying parent is taking to improve their job skills or to otherwise make themselves more marketable. These are just a few examples of how to prove that someone is making less than what they are actually capable of.
If you are a Las Vegas parent and believe that your counterpart is attempting to dodge child support then it is important to speak with an attorney as soon as possible. The longer you wait to contact counsel then the greater the chance that the Clark County Family Court may not award you the amount you are seeking. I regularly handle matters involving claims of underemployment and am ready to assist you. Contact my office today to speak with a lawyer.