why would attorney need spouses last three pay stubs

by Gisselle Hessel 7 min read

Your spouse’s credit will not be affected by your bankruptcy filing by providing the necessary pay stubs. Another requirement is that your bankruptcy lawyer must provide 60 days of pay stubs to the trustee prior to the meeting of creditors. This consists of the 60 day period prior to your bankruptcy filing.

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Are your pay stubs compliant with the law?

Lawyers.com Discuss Your Legal Issue Ask a Lawyer Bankruptcy Why are spouses pay check stubs required for a non-filing ... "totality of circumstances" when granting a chapter 7 discharge even for non-consumer cases where means test does not need to be done. ... This rating signifies that a large number of the lawyer’s peers rank him or her at ...

Is a pay stub statement required by FLSA?

Your spouse will still need to provide pay stubs for the 6-month period right before your bankruptcy case is filed and cooperate with your bankruptcy attorney. Your spouse’s pay stubs and yours are needed for purposes of calculating your average household income for the 6-month period on the Means Test or Chapter 13 Statement of Monthly Disposable Income.

How long do you have to keep pay stubs?

Jan 24, 2022 · Your paycheck stubs from all sources of employment over the last year. If you are self-employed, provide income tax returns and any tax forms or business forms related to self-reported income.

What is included in a final pay stub?

Jul 20, 2013 · The pay stubs I have from before 6 months ago was for the same job I'm doing now but now I work at a different location where they pay everyone under the table but it's the same pay and type of work. I've tried getting the plaintiff to come to a written agree with me about child support so that I wouldn't have to provide pay stubs.

Why do you have to withhold a child?

Withholding a child is a necessary step to prevent you from walking away with your child. There is no presumption of custody in either parent so a little sequestration goes a long way in the custody case. Also, having possession of the child is instrumental to getting child support.

How to get a Bronx child support?

Get a letter from your employer stating your rate of pay. Fill out the financial disclosure affidavit & submit same. You should also file a petition seeking an order of visitation. For a full assessment, schedule a consultation with a Bronx Child Support lawyer.

What is a pay stub lawyer?

Pay Stub Lawyer – Employers are required by law to keep accurate records of what they pay their employees. If they don’t, it’s hard to prove overtime or minimum wage violations because no evidence exists. Thus, CA has passed strict record-keeping requirements. If employers don’t abide by them, they may be hit with stiff penalties ...

How long do you keep a copy of your paycheck?

The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years.

How long does it take to get a copy of an employee's employment record?

An employer who receives a written or oral request to inspect or copy records must comply within 21 days.

What happens if an employer doesn't abide by the law?

If employers don’t abide by them, they may be hit with stiff penalties that are awarded to the affected employees. This is a very ripe area of employment law. If you’re a victim, contact an experienced employment attorney as soon as you can.

Is total hours worked based on salary?

total hours worked by the employee, except for any employee whose compensation is solely based on a salary and who is exempt from payment of overtime, all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, net wages earned,

What is the most important thing to know about divorce?

In divorce, credibility is one of the most important aspects of any case. Once a judge determines a spouse’s statements can’t be trusted, recovering credibility can be very difficult. You may need to print or download online banking and brokerage accounts from the Internet. If so, you may need a login and password.

What is classification in child support?

Classification means determining what is separate property and what is marital or community property. In determining spousal and child support, courts look at what the obligor spouse (the one who must pay) earns, and that analysis depends in large part on what the spouse’s earnings history has been.

What is financial statement?

Financial statements are submitted to banks and lending institutions to document the borrower’s ability to pay back a loan. “Financial statements” is a general term describing statements of net worth, balance sheets, profit-and-loss statements, income statements, and statements of cash flow. 2.

What does "documents" mean in legal terms?

When lawyers say “documents,” they mean the paper copies (or “hard copies”), the electronic versions, or both. Today, almost all scanned documents will be in Adobe Acrobat’s “PDF” format. For example, bank statements can be mailed to you, or you may download them online, usually in a PDF format.

Can a lawyer get a copy of personal finance software?

Your lawyer may prefer to have the electronic versions of these files, and he or she may even ask you to obtain a copy of the entire personal finance software program as well. If you can easily obtain the hard copies and the electronic copies, get both.

Who copies and scans documents?

Other family law attorneys will perform these tasks in order to handle them within their own document management system. Who copies, scans, and organizes documents often depends on the size of the estate and the complexity of the disputed issues. Once assembled, take the documents to your lawyer.

Do documents lie in divorce?

Unless altered, documents don’t lie. Documents tell the tale of those choices and are objective witnesses. Your family law attorney will need the documents listed below to adequately represent you in your divorce. Before assets and debts can be divided, they first must be identified, classified, and valued.

What happens if an employer refuses to give a pay stub?

If an employer refuses to give an employee a pay stub, then the employee may be able to sue in a court of law to obtain the requested records.

How much can you get for not receiving pay stubs?

For example, in New York, employees who do not receive proper pay stubs can be entitled to recover damages of up to $250 per violation, up to $5,000 per employee.

What is a pay stub?

Pay stubs, or paycheck stubs, are written statements documenting details of the employee’s wages during a set pay period or schedule. An employer’s obligations surrounding pay stubs will differ from state to state.

How long do you need to keep FLSA records?

Under the FLSA, employers need to keep records for at least three years. This includes payroll information, collective bargaining agreements, sales and purchase records. The records may be kept at the place of employment or in a central records office.

What is IRIS FMP?

The best way to ensure country-wide compliance no matter what is to choose a payroll provider that specializes in delivering an effective and accurate service. As a provider of award-winning international payroll, IRIS FMP is used to navigating the complexities of multiple compliance.

What is the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) is a federal law which establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.

How long do you keep wage calculations?

Records on which wage calculations are based (time cards, schedules, records of wage additions/deductions) should be retained for two years. These records must be open for inspection by the Department of Labor’s representatives, who may ask the employer to make extensions, computations, or transcriptions.