Spousal Support Disputes: Electronic Evidence can Help
In general, courts determine the amount of spousal payments. This is true whether a case involves permanent or temporary spousal support, short-term or long-term support, or the modification of an existing spousal support order. Briefly, their decision is based on how long the couple was married, how much money each one makes, and the total expenses for each. Through digital forensics and eDiscovery, we provide detailed evidence relating to spousal support issues to get you a fair settlement.
Common Evidence Sought in Spousal Support Determinations
More specifically, courts use a variety of factors to determine spousal support or alimony. For example:
- The ability of each spouse to earn money
- The ability of the paying spouse to pay
- Length of the marriage
- Monetary and non-monetary contributions to the marriage by the recipient spouse
- The recipient spouse’s needs
- Spouses’ age, health, and standard of living
- Tax issues related to the payment and receipt of spousal support
To illustrate, consider this real-life example:
The husband alleges that his spouse has excessive spending habits. In this case, we focused on evidence collection and review on the Quicken software the family used. Thus, we were able to quickly locate the relevant evidence establishing the spouse’s true financial needs.
Financially Focused Evidence Collection
In spousal support disputes, financial evidence plays an outsized role. In some cases, courts or lawyers use spousal support guidelines, child support calculators, or formulas based on income and expense data to calculate spousal support. Our mission is to provide the law firm with all of the financial information it needs to best represent its client.
In particular, we can help when the opposing party tries to disguise income, or exaggerate expenses. Obviously, in an attempt to reduce their spousal support obligation. Admittedly, income sources vary and may include wages, bonuses, investment income, annuities, gifts, trust payments, insurance payments, or other income. Similarly, in determining the true standard of living and expenses for each spouse, you must look carefully. We search for and collect an extensive range of information. In this way, we assure that lawyers have all the possible relevant evidence, and exclude the likely irrelevant data.
For Income Information, we look for:
- Bank accounts
- Credit reports
- Estate plans
- Financial statements
- Garnishments
- Government pension summaries and statements
- Insurance policies
- IRS notifications and correspondence
- Loan application statements
- Paycheck automatic deductions (e.g. insurance, retirement, investments)
- Resumes
- Retirement summaries and statements
- Social Security benefits
- Spreadsheets related to income, investments, and expenses
- Stock dividends
- Tax refunds, returns, and planning information
- Title reports
- Wage and W-2 records
For living expenses, we pay particular attention to:
- Contributions either spouse made to the others training, education, or career management
- Contributions to household expenses by new partner or spouse.
- Education (e.g. public school, private school, and tutoring)
- Evidence that a spouse gave up career plans to support other spouse’s career.
- Expenses related to spouses special needs
- Financial databases
- Food
- Health insurance
- Homeowners Insurance
- Medical and dental care (ordinary and unusual medical expenses)
- Mental health care
- Personal expenses (e.g. haircare)
- Property Taxes
- Separate debts of each spouse
- Tax returns (personal and business)
Other types of financial information we routinely collect for the issue of spousal support.
- The bankruptcy of either parent (typically a Chapter 7 or Chapter 13 bankruptcy)
- Bills for Living Expenses
- Calendars
- Contribution one spouse has made to the other for education, training, or career advancement
- Credit score and credit rating by credit bureaus
- Either spouse pays or receives support for a previous marriage
- Evidence from other sources, such as career counselors, colleges, employment websites, placement agencies, professional schools, state employment offices, vocational schools
- Evidence that a spouse has been actively looking for work
- How long the dependent spouse has been out of the workforce
- Income or Wage Assignments
- Marketable skills of the dependent spouse
- Previous Divorce Orders, Judgments, or Decrees of either parent
- Student loans, Grants, and Financial Aid
- Tax credits such as education tax credit and earned income tax credit
- Tax Exemptions, Tax Credits, and Tax Deductions
- Wage Garnishments
The Evidence we Collect Can Help Your Other Experts
Lawyers often provide the evidence we collect about spousal support to other expert witnesses. For example, the above-described evidence can also be key to these other witnesses in spousal support determinations:
- Forensic Accountants
- Business Appraisers and Valuation Experts
- Clinical or Psychiatric Social Workers
- Doctors
- Mental Health Professionals
- Real Estate Agents, Brokers, and Property Appraisers
- Tax Advisors
- Therapists
- Vocational Counselors & Experts