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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-09-2015, 05:07 AM
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Default Monthly expenses for court

Hi

When I first did my expenses in December for court order I took an average from Feb to November. A lot of work. Can I just do one month prior to court and put in expenses? I have to do expenses in fall for court. He's going for support and it's like I have to keep spending. How does it all work with expenses?

Thx.

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Old 06-09-2015, 10:09 AM
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I assume that you're referring to the budget that is part of the form 13 Financials that you need to file.

Though in most cases taking a slice of 3 months should work, if you can also sit down and think of the 1-shot amounts (annual fees on credit cards, memberships, etc).

Be wary on biweekly expenses, a lot of people just double the amount and call it monthly, it should = expense x 26 / 12.

If you're ok with your November figures, you could just modify those for the items that have gone up and down.

I'm not sure of the weight that a court actually puts on the financials.
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Old 06-09-2015, 10:15 AM
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Maybe there are some missing details, but when it comes to support, nobody cares about your expenses.

When it comes to child support, it is based on line 150 of the tax return, when it comes to spousal support, there is the ssag and that trash software which is used by every lawyer and it is generally accepted by all judges. I saw that software, there is no "expense" anywhere in it.

It is kind of logical, although it is a faulty logic: you make $200000 per year. Taking into account your expenses would mean if you rent a castle for $10000 per month and have a Ferrari for $5000 per month then you wouldn't need to pay support because you have high living expenses, if you have the same income but rent a basement for $800 per month and drive a zip car then you would need to pay SS because you afford it. Nope, sorry, it doesn't work like this.

So don't waste your time with it. Spend the time figuring out why your ex shouldn't be entitled to spousal support.

If I misunderstood the question and it is for the "financials" section of the forms, it is used only by your lawyer so he/she can see how much money he/she can milk out of you.

Last edited by BitHunter; 06-09-2015 at 10:18 AM.
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Old 06-09-2015, 10:30 AM
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Its still paperwork that needs to be filed with the courts, so it has to be completed. You don't want to be in a position of giving an ex or a judge the ability to hold a lack of paperwork against you.

Though I would agree, recipients tend to be held at a lower standard for filing. I'm trying to get details on my ex's wonky financials, and my lawyer is cautioning me not to hold my breath.
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Old 06-09-2015, 11:10 AM
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Default fiancials show spending though and what is needed?

Hi

Budget shows what you are spending and I thought what you could afford to pay but yes I know about the calculator. My lawyer doesn't agree with the spousal and I agree with us going to court over it. I'm basically spending what I have and not showing any extra to pay out in support but sounds like this doesn't matter? Then again if I show where I have extra money wouldn't this come into play?



Thx.
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Old 06-09-2015, 11:31 AM
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Unfortunately no. To paraphrase the legal aid mediation coordinator, "With budgets we always find that there's some wiggle room that we can work with, like dropping superfluous expenses."

So in my case, providing the budget is akin to making the rope for your own noose.

The whole legal system is stacked against the payor. In my case the superfluous expense is either groceries or my son's ABA therapy, so we now rely on the charity of others.

Last edited by nfc4ever; 06-09-2015 at 11:32 AM. Reason: added more
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Old 06-09-2015, 06:16 PM
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I was in the court room when a poor guy was hit with $1200 spousal support. He made ~50000 gross per year. Nobody cared about his budget. I almost threw up. And it seems these cases don't even go to trial, as the judge sad "this is not a triable issue", so the poor guy was sentenced for lifelong famine and extreme poorness right there during the case conference.
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