Monday, December 24, 2012

How Does a Moving Party Sustain Their Burden of Proof as to Income?

The moving party has the burden of proof except in rare exceptions.  So a party alleging that their income, for example, is $50,000 annual, has the burden of proving that fact.  Lawyers may argue that simply stating that fact under oath is sufficient to sustain the burden of proving that fact if uncontroverted by the opponent.  I disagree. Simply swearing it to be true doesn't necessarily make it so.  I practiced law opposing lawyers who as a matter of practice never attached pay-stubs or tax returns to a financial affidavit.  I think failing to provide documentary evidence does your client a disservice.  Likewise, arguing an "average income" for your client over a period of time (months or years) favorable to their argument, or as to the opponent's income, has no basis in MN statutory or case law to the best of my knowledge.

In summary, when alleging income you are far more likely to convince the judge of facts favorable to your client if you document the income alleged.  Written statements from the employer or Human Resources must be separately signed , sworn and notarized, not just attached to your client's affidavit.

1 comment:

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