update and confusion

[Duped]

Hello everyone,

Hope everyone is finding everything they need on this great site.

Background Info:

My ex without my knowledge unilaterally separated/declared bankruptcy/emptied my house of all posessions/wracked up the cards/drained the accounts/moved away with my child on Aug 12th, 2005. I have since gotten joint shared custody on Dec. 5th, 2005 after not having access to my 6 year old child since separation.

Update:

I finally FIRED my useless lawyer, he was not doing anything but trying to sell me out. What happened? I found out that without my knowledge, he had made an offer to settle that in my opinion, limits my ability to parent and gives my ex exactly what she wanted. I found out last month, the offer was made in May. My new Lawyer is the first lawyer I had met with over a year ago, and I was quite impressed with her. She has her work cut out for her though.

Confusion:

Lack of financial disclosure, last march the judge said to get financial disclosure done for child support calculations, I did mine, and provided full disclosure, my ex refuses, of course she makes 2.5 times what I make. I often have to use the food bank to put food on the table and she is buying laptops/appliances/toys/etc... How can I get her to disclose her financial information? It also seems that the judge is not concerned about any of it, it has been over a year, I am struggling with all the debt, none of the posessions, and joint shared custody.

Thanks

Duped

[logicalvelocity]

Duped,

Confusion:

Lack of financial disclosure, last march the judge said to get financial disclosure done for child support calculations, I did mine, and provided full disclosure, my ex refuses, of course she makes 2.5 times what I make.

It is difficult to comment without knowing the outstanding issues and the current custody regime of the child ie:

• does the child live with you more than 40% of their time?
  
• is there an outstanding spousal support claim?
  
• is net equalization an issue?

If none of these situations are applicable then in essence the other party does not have to serve and file sworn financial disclosure.

If you require financial disclosure for them to support your claims, you could bring forth a motion for an order to have the other party comply with the family law rules and serve and file a financial statement and an order for costs.

Its most likely that you will be successful with such a motion, and as such be sure to seek costs of same. Once an order is in place, and the other party does not comply with such an order, then you could move to have their documents struck and perhaps the action could go on without their participation.

lv