Time for the Lawyer?

[staysingle]

Also, DOakley,
The reason for the registered letter is to show the courts you have formally requested this information from him. The courts like facts and the registered letter shows the courts you tried to resolve this without going to court. Makes him look bad you look good and with the right P'd off judge you will get costs awarded to you. I agree with you he hasn't cooperated much with you and is unlikely to start.

[DOakley]

Originally Posted by staysingle

Take him to court and force him to produce financial information and while your at it ask for $1,500 in cost. You get the order for financial info and a 50 % for costs. If he doesn't start to cooperate these, "no brainer" court orders that you can easily obtain will make his life hell and you will get the money.

In all honesty, this is what I'm afraid of. I know I'm well within my right to go ahead with legal action, but I fear what this will do to our existing friendship and how much the tension will affect the children. I also know it will hurt my ex, which I really don't want to do.

But, then, I went the joint route to keep it as simple as possible and as painless as possible for the two of us. We did both agree that we didn't want to use lawyers as much as possible. And, yet, despite my efforts he's going to make this as difficult as possible.

*sigh*

Well, can't say I didn't try.

[DOakley]

Originally Posted by staysingle

Also, DOakley,
The reason for the registered letter is to show the courts you have formally requested this information from him. The courts like facts and the registered letter shows the courts you tried to resolve this without going to court. Makes him look bad you look good and with the right P'd off judge you will get costs awarded to you. I agree with you he hasn't cooperated much with you and is unlikely to start.

I understand now. That makes sense. What explanation would I give for requesting these given that we already have an agreed-to payment schedule in our separation agreement? I realize they're to prove my point to the court that the amount he's paying is too low.

BTW, according to the instructions from DIY divorce kit for the joint application I don't have to provide any financial statements, though I suppose it doesn't hurt. And I'm under the impression that he doesn't either - at least with the initial filing, but he will be asked to provide documentation prior to or at the hearing. Anybody know if this is accurate?

Also, from this point...assuming he's not going to be forthcoming with any further information or commitment...what do I do next? Fill in Form 8A as a Simple Divorce as opposed to a Joint? The simple divorce doesn't necessarily require a lawyer, does it?

[Rioe]

Originally Posted by DOakley

We just want the judge to make a simple ruling declaring us divorced and requiring my ex to pay what the law requires given the circumstances. Obviously, I assume his ruling will allow for annual review by the courts of the custody arrangements, as well as for any change in income.

You can't assume ANYTHING. If you want an annual review, you have to ask for it. This is why independent legal advice is so important.

[DOakley]

Originally Posted by Rioe

You can't assume ANYTHING. If you want an annual review, you have to ask for it. This is why independent legal advice is so important.

That was my first mistake...assuming.

He definitely won't go for that if I add it. But it is definitely in my best interests and will be fair to him.

I include that each payment schedule is based on his tax return, but I don't specify who will review and enforce that payment schedule. Hmm. Yep. He definitely won't like that.