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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 11-30-2010, 11:08 AM
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Question Serving a Blank Financial Statement? PLEASE help??

I know I have asked this question before for a Case Conference, (but during said Conference, this issue didn't come up).

Now I am finally going to a Motion... I am asking for retroactive child support. My ex is making noise about my financial statement... and I really want to make sure all of my ducks are in a row for this Motion....

I have been unemployed for 7 years, and I have no income.. but I do have a ton of credit card and student loan debt.... (my husband does not make the payments on my debts, (and I have no money, so I can't) and my credit is ruined, so I am filing for bankruptsy next year).

I am remarried, and my husband supports our family 100%.... all assets, the house, all vehicles etc. are in his name.

My ex is NOT pursuing a hardship claim... (he has mentioned it, because my husband makes a good living) - but never filed anything, or pled hardship in his paperwork).

So for the big question.... do I list my current husbands assets in my financial statement??

What about my personal expenses (like medications, clothes etc.), considering I don't pay for them?

What about my children's expenses? clothing, sports.... Do I include BOTH of my children's expenses? Or just the child whom the CS claim is being made??? (Again.. I personally pay for nothing).

I really don't want to get my ass handed to me by a Judge because of my financial statement, so I want to make sure it is filled out correctly.

I know that there are other SAHM's who have no income out there... how do you fill out your financial statement?

I'd sincerely appreciate any help or advice....
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Old 11-30-2010, 11:14 AM
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Wish I could help you with the expenses, but I'm not sure what that answer is.

You don't list your husband's assets, or his income.

My understanding is that the spouse's financial disclosure is only listed if the payor is making a hardship claim, and even then it would be the payor's spouse.
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Old 11-30-2010, 12:55 PM
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In an undue hardship claim the income for all adults over the age of 16 in both households are taken into account. The worksheets can be found online.

The Federal Child Support Guidelines: Step-by-Step

It's near impossible to pull off for a guy who is the payor as there has to be a drastic difference in household income. And the definition of "drastic" is up to the discretion of the judge. Judge's are very hesitant to order a reduction based on undue hardship given that it directly affects the children's standard of living.

How old are the kids? You can probably expect, and not unreasonably so, one of two things. 1. That your ex will argue that your household income be imputted for your side of things OR 2. That you have an income imputted for you for min. wage full time hours.

He has a better chance of successfully arguing for number 2 if he goes that route with it. Though unless he has the children over 40% of the time, it won't affect his CS payments at all...merely pro rata section 7.

Regardless of remarrying, you have an obligation to support the children just as much as the ex does. 0 income on a financial statement tends to look bad. You would be better off with sending him an offer agreeing to have an income of full time hours @ min wage imputted to you for the purpose of any CS or Section 7 calculations.

That will take the wind totally out of any argument he can make. If you send him a formal offer to settle outlining that, and he is still pushing forward, ask for costs.
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Old 11-30-2010, 03:23 PM
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I asked a similar question regarding my new spouses' income on the forum and from what I under, if your husband is supporting you and you don't work, then you have to submit his income as your own.

I would go to FLIC/Duty Council and see if they can help you.

Last edited by Pharah; 11-30-2010 at 03:28 PM.
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Old 11-30-2010, 03:28 PM
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Quote:
Originally Posted by Pharah View Post
I asked a similar question regarding my new spouses' income on the forum and from what I under, if your husband is supporting you and you don't work, then you have to submit his income as your own.

I would go to FLIC/Duty Council can have them help you.
Did a duty counsel tell you that?
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Old 12-02-2010, 10:05 AM
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I think you really need legal advice for the answer.
If I were in your shoes, I'd fill the form out as it pertains to me and leave my husband's income out. If he supplies an allowance (for household expenses), I'd include that. If he pays the bills, then those wouldn't be your expenses, but his, so I wouldn't include those either.
I'd include all the tax benefits I receive (if applicable) as income.
It just doesn't seem right to include your spouses income (in the same way child support is based on the payor's income, not payor and partner's income).
Consult with someone in the legal field first though -- I suspect it's a "grey zone" and will largely depend on how the Judge interprets the law.
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