Family Law (Divorce, Family Relations)/Child Support Modification question
QUESTION: Hello. I am in the middle of a child support modification case which I started in February. I only received my ex husbands Financial Affidavit last week. That being said, he had the most ridiculous numbers whereby he states he only makes $3700 per month yet his expenses are $7900 which gives him a deficit of over $4000. Some of his crazy expenses were:
$2325 Tithing (Monthly)
$135 Supplements/Vitamins (Monthly)
$50 Per month for gifts for my son (he never gives my son gifts)
$100 per month for Clothing for my son (he never buys him clothes)
$950 for food (for just him)
(Just an FYI- I have my son 275 nights per year)
My question is- how do judges perceive these expenditures along with the $4000 monthly deficit? He also states that he has $35,000 cash in his account. So, how do I disprove this? He has not given me his Mandatory Disclosure paperwork which I all ready filed a Motion to Compel on him. He makes a substantial amount more than the $3700 which he states he is making. He is simply taking the numbers off of his tax return whereby he writes off everything (because he has a shady accountant) and is stating he makes next to nothing. So, how can I disprove all of this? And again, based on your experience, how do the courts view the aforementioned expenditures and his very large deficit?
Your help with this is greatly appreciated.
DISCLAIMER: I AM NOT A LAWYER: But a person who has experience Family Law, and providing an opinion only: Please contact an Attorney who specializes in FAMILY law in your area.
My apologies for not responding sooner. I have read through your statement, and recommend that you hire an ATTORNEY who specializes in Family law in your immediate area ASAP: Most lawyers work with you to get the job done with min payments on your part.
Everything your ex has claimed must be proven in court with Documents, ie offical paystubs, tithing reports, receipts for Supplements(which by the way are NOT consisted valid), Gifts(which again are not considered valid), Clothing( must show by receipts which Judge would be surprised if HE buys $100 a month!!), and Receipts for ALL food costs showing how ex has split out.
Now when you hire attorney:
- Have Attorney file Discovery papers that will be submitted to Court AND To Ex employer to gain access to paystubs, bank accounts savings, checking, ira's, Retirement accounts, etc: Get the lawyer to find everything on ex.
- Have Attorney file Contempt of Court paperwork since ex has failed to meet Mandatory disclosure paperwork.
DO NOT try to do this yourself Sarah because based on what you have stated EX is playing you and the court system: BE FIRM : Hire an Attorney ASAP, and let the ATTORNEY go after ex for all required paperwork such as Financial Disclosure paperwork.
Your on the right track, got the right ideas now go hire an ATTORNEY. Make sure the ATTORNEY ensures the State Child Support Services are involved when it comes to making Monthly child support payments: They should and must go through the State Agency- Child Protective and Support Services- to ensure that the ex stays up with payments AND Keep you out of it. That way you can focus on raising the children.
Have any other questions please feel free to contact me: If you live in the State of WA - Kitsap County area I can help further: Make sure when you HIRE the Family Attorney: He/She are in SAME COUNTY as you are, and are familiar with your local County Court system, OK. You achieve better results that way.
---------- FOLLOW-UP ----------
QUESTION: Hello again Jeff and thank you for getting back with me so quickly. Regarding the attorney, I do not have a lot of money for an attorney. I was going to hire an attorney towards the deposition portion of the case. Attorneys here in Palm Beach County are outrageous. They are not real good with "working with their clients on rates". In addition, I have been down this modification road before with my ex so I have a little experience.
Two weeks ago, I filed a Motion to Compel and the General Magistrate simply set a court date to hear the Motion to Compel and at the same time set a Status Conference (which I think is ridiculous). My ex has not even complied with Mandatory Disclosure yet they want to have a Status Conference? The status is that we are stalled in the case due to my ex husband. So, today I filed an Ex Parte Motion to Compel with the hope that they will simply give him 10 days to comply and if he doesn't to file sanctions against him.
Regarding, contacting his employer, he is self-employed. So, he can hide a lot of the paperwork.
Our mediation is scheduled for June 12, and I still do not have his paperwork. How can I go to mediation without having anything in hand to review prior to the meeting? He has had all of my financials since the end of February and I have nothing in hand except is falsified Financial Affidavit. Would that be grounds to postpone the mediation date?
Your help is greatly appreciated with this.
In reference to your question:
How can I go to mediation without having anything in hand to review prior to the meeting? He has had all of my financials since the end of February and I have nothing in hand except is falsified Financial Affidavit. Would that be grounds to postpone the mediation date?
Yes, and give the reason that EX has failed to meet the "Mandatory Disclosure" paperwork you filed.
If the Motion to Compel date is BEFORE the mediation then use the results of that, if good, as extra proof.
However, I am not sure what the laws are in Florida but don't most Attorneys in FL give 1/2 free time to consult? If so, then use it!
Here is what I found:
www.geraldsalernolaw.com/ (free consult time..MAKE SURE ITS FREE)
www.danceycassady.com/Family-Law (Claims LOW fees- Free Consult)
What ever you do try to find someone, contact County Clerks Office for possible recommendations or kit(discovery papers): Get the Discovery Papers filed(unless this is the same as Manditory discloure?). OK
Have any other questions please feel free to contact me.