Hi Denisem,
The father is required by the Family Law Rules to provide you with disclosure in regards to his income, so I think the court will absolutely order him to turn over his income tax information. Do you believe that his income tax returns will show an income of $140,000.00, or do you believe that he is only claiming $60,000.00 but actually making $140,000.00 in bonuses, extras, etc.?
If his income tax return shows an income of $140,000.00, he must pay child support based on that number. There is no getting around it. However, if his income tax return only shows an income of $60,000.00, then it's going to be a lot harder to get child support based on a $140,000.00 income. Proving that the father has extra income may be hard to do, depending on what kind of evidence you have. If he owns a business, that will make things even more difficult.
As far as what the judge would order as to costs, the best person to ask is your lawyer. Costs depends on how much time and research goes into preparing for the motion. Another factor is the necessity of the motion. For example, if the motion is brought simply because the father didn't feel like disclosing his income, I believe the judge would likely feel that the motion was completely unnecessary since the issue could have been easily resolved outside of court.
Normally, a one can always go back to court for spousal support. There is no longer a time limit from the date of separation stopping you from doing this.
The following factors may/will come into play:
1. The whole issue of his "real income."
2. The longer it has been since you and the father separated, the harder it will be to obtain spousal support. I see though that it has been "two very tough years" for you, so I'm assuming that you only separated two years ago.
3. If the father lives with a new partner, that will increase his means for support.
4. If you live with a new partner, that will decrease your need for support.
5. Your skill and education. The father may argue that you are able to obtain a position that pays more than $42,000.00 per year.
However, the fact that you signed an agreement waiving spousal support changes things. Having been legally advised not to sign the agreement and signing the agreement anyway, IMO, substantially decreases any chance of obtaining spousal support. BUT, perhaps you could argue that had you known his true income (if you can prove this to the court), you would not have waived spousal support. This is something else to speak with your lawyer about as she knows the circumstances of your case.
Lindsay
