Discovery is the information you obtain from the "other side" that helps you prepare your case. The rule of thumb is that discovery can be more extensive in preparation for trial leading to a final judgment of dissolution, than in a post-judgment motion.

The tools available for discovery are as follows: (1) Standard Form Interrogatories; (2) Request for Production of Documents; (3) Special Interrogatories; (4) Subpoenas to Third Parties (such as employers or banks); and (5) Depositions of Parties or Third Parties.

If income is the main issue, the single greatest source of information is the Income and Expense Declaration and requesting tax returns for the last 3 to 5 years.

By local rules, a party must file a current Income and Expense Declaration. It must not be more than 90 days old. 3 current pay stubs must be attached if the person is an employee, or quarterly report if the person is self-employed.

Pay stubs tell a lot. First and foremost, it gives you the year-to-date income. It is easy to see if the person has been suppressing income recently in anticipation of the court hearing. It shows the health insurance premiums deducted by the employer, if applicable, which can be deducted from gross income to arrive at the net income. It will show overtime. It will show employee reimbursement for out-of-pocket expenses. The pay stub will show pension fund contributions and union dues, both of which are deductible if mandatory to arrive at the "adjusted" net in family law.

The second most important documents are recent tax returns. Tax returns (if they were not filed jointly with you) should be immediately requested through a Request for Production of Documents. They reveal if the party has house mortgage deductions if the party did not list it on his/her expense portion of the Income and Expense Declaration. It will reveal other sources of income. For example, an employee might have a private business, which shows up on Schedule "C", such as a part-time baseball card business or a part-time multi-level marketing business.

Post-judgment, each party can require the other side to produce an Income and Expense Declaration once a year if support is being paid. The form is entitled "REQUEST FOR PRODUCTION OF AN INCOME AND EXPENSE DECLARATION AFTER JUDGMENT," FL-396.

Discovery is a very powerful tool in properly preparing to show the judge that the "other side" has understated his or her net income. This may have a direct impact on the amount of support and attorney fees paid.