In lieu of paystubs...

[woeisme]

My payroll department didn't have the stubs, but was able to do a computer print-out with the same info on it. The bank direct deposit route won't work because it doesn't have the gross pay, and then all the deductions on it. For example, my husband had over $500 a month deducted from his pay for wage garnishments, if we had been able to just use the direct deposits it would have looked like he was earning a lot less than he actually was, and then once we filed and the garnishments stopped we would have had that extra $500 disposable income, so I can see why they wouldn't accept that as proof of income.

Does your husband throw away all his paystubs??? Even knowing that you were going to be filing? That sounds crazy. I was missing 1 of my paystubs (needed 7 months for my lawyer for some reason) which is how I know how my payroll department did the computer print-out. How soon do you plan to file? If you can put it off for a while, maybe you can collect the necessary paystubs? Now is probably not the best time to be asking for them since payroll has to be working on getting W-2s and all the tax documents ready, but since they will be getting all of that together anyhow, maybe he could suggest that Ms. Sourpuss (to use a previous poster's name for her) allow him to photocopy his file once she has put together all the info for his W-2's to show her that he's not trying to make more work for her. I understand that it's annoying for you that she's being uncoperative, but I also have to say in old Sourpuss's defense, she already provided him with paystubs once. The fact is that he tossed them in the trash and now due to his negligence, carelessness, whatever you want to call it, he expects her to do extra work now to clean up the mess he caused. Yes, payroll is her job. I don't think it should take that much to make a copy of his records. But she might be thinking along the old saying, "failure to plan on your part does not consist an emergency on my part." He should kiss up to old Sourpuss a little, bring her by a cup of coffee, ask how he can make the request as painless as possible for her, what can he do to help, etc. If that doesn't work, have your lawyer send the request for the paystubs, copying the request to the boss, so denying your request is denying a request from your lawyer. Just a thought.

[FreshLikeADaisy]

My payroll department didn't have the stubs, but was able to do a computer print-out with the same info on it.

That would suffice for HAP. Even if it's a small business, chances are very good that they are using software to balance the books, and should be able to print it out for him with very little effort. Whatever the reason dh doesn't have the stubs now, he needs them, and they can and should provide them. S**t happens, we all make mistakes, that's why pencils have erasers on them. Doesn't change the fact that every employer is required by federal and state law to keep exact payroll records and to provide them when requested either by the IRS or state taxing authority, or by extension, the employee himself.

[HAP]

Does your husband throw away all his paystubs??? Even knowing that you were going to be filing? That sounds crazy

Again, I never said that. We are just now looking into this. Obviously if we had thought in the past that this would be something we might have to do, he/we would have been holding on to them. If you had asked me 6 months ago if we would have had to file for bankruptcy in the near future (or ever), I would have said no way. But after going on close to 6 months without a job, well - what can I say. Like Daisy said, Sh@t happens - sorry, we'll try to do better from now on.

[woeisme]

I wasn't trying to be critical, sorry I came off that way, old foot in mouth syndrome. And I lost one of my paystubs too, so I definitely know about not being perfectly on the ball all the time! I guess I was just thinking if this was all a sudden decision, which it seemed to be based on the fact that he didn't have his paystubs, maybe it was something that could be delayed for a while, which would give you time to collect them. I know when I decided to file I wanted it done with immediately, but sometimes it makes more sense to wait, either in order to save up some $ for the lawyer fees, or to get some things taken care of, like car repairs or other big bills, or to let the credit activity fall outside the 90-days, etc. Again, not meaning to be critical, just to look at the situation from all sides, including old Sourpuss's. I'd say if she continues to be unreasonable (because I really don't think it would take too much to make a print-out) then have the lawyer write the letter requesting the info. Good luck, and sorry if I offended!

[FreshLikeADaisy]

S'all good, woeisme.

You know, I actually woke up one day thinking, "Hmmm, I ought to declare bankruptcy." No lie. I had been so destitute (and by extension, so judgement proof) for so long that it never occurred to me. Never. I was always thinking it would turn around somehow and I would begin to pay my debts again; bankruptcy was literally unthinkable until that morning in October...

[HAP]

You're fine, sorry for being so sensitive. I know what I really need to do is make a few appointments for consultations with a few bankruptcy attorneys around here. I'm partially mad at my husband/myself because I'm the one that always takes care of the bills, loans, etc. and figured well it's his job, his paystubs, I keep mine, he can be proactive for a change and keep his or deal with it. Well, of course now I'm the one dealing with it because I still take care of all this stuff so he can suck it up and play Mr. nice guy to payroll lady to try to get this stuff again. We may have to wait to file until mid February anyways since that will truly be the 6 month mark of me not working (and everything thing I've read indicates that they go by your last 6 months of earnings) and yes we would need to save up the attorneys/filing fee. Thanks again for everyone's help and no worries!