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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 04-30-2012, 01:13 AM
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Default Wife doctored her income

I've been thru some real BS with a lawyer I hired and ended up firing her b/c I couldnt ask her questions without getting insulted and always at square one for over 8 months. She was a complete b---h! Everytime I saw her I started to see my ex-wife in her. Enough of her. I ended up hiring another lawyer who I sat with the 1st 15 minutes and he cleared the air for me where I started to understand everything or so I thought. I'm not liking everything I hear when it comes to paying CS and SS. My ex missed 13 weeks of work last year purposely to get her income down. She's about 15K short of where she should be. Myself, I'm going to make at least 25K less this year and my family doctor advised me to work only 5 days a week indefinitely due to a potential heart problem. I haven't worked any overime in months. I suffer with PVC's premature ventricular contractions and a slightly enlarged heart at the top of the heart. The stress from all of this doesn't help. The support that I'm required to pay is 2/3's of my take home pay. The FRO hasn't kicked in yet b/c Its not settled quite yet. I realize they can only take half but that doesn't help me from going into arrears. I'm trying to make my lawyer see what she has done. I'm wondering if it's ok for me to go off on stress leave which will reduce my income? To add to the stress she is trying to buy a house closer to my neighborhood just to cause trouble for me and my girlfriend. I'm in a jam on how all this works. I don't need to have a heart attack either
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Old 04-30-2012, 02:30 AM
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My experience is that part of the process in initially determining SS an average of an individual's income is calculated (for example average income over 3 yrs). Income can be imputed (which means for the purposes of calculation $$$ is imputed, whether you make it or not). Depending upon your income bracket a difference in 15,000.00 a year may not justify your spending 5,000.00 to argue. IF you go on stress leave don't do it to "get even." Things like that will always bite you in the backside sooner or later. Considering your health issues I'd recommend not putting more stress on yourself and listen carefully to your lawyer. A good lawyer is like a good realtor - they don't necessarily tell you what you want to hear.

Take it easy... life is short
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Old 04-30-2012, 05:12 AM
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The income has already been determined. I was told I have to wait until the end of the year. I'm on track to make 85K-90K. That's 20-25K less b/c I'm only working 40 work weeks. I could go off work but I'll just fall further behind. I still have an appt next week with my heart specialist. He's been monitoring my condition yearly. When I work more than 40 hrs I tend to get run down which causes my condition to flare up. I also work steady midnights which I'm trying to get off. That will be another 10% loss in wages resulting in another 10K. The courts can't make u work more than ur 40 hrs. I'm not working my life into an early grave. Honestly, my life now is much happier than it has ever been.
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Old 04-30-2012, 07:29 AM
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Quote:
Originally Posted by Baffled_Dad View Post
I've been thru some real BS with a lawyer I hired and ended up firing her b/c I couldnt ask her questions without getting insulted and always at square one for over 8 months. She was a complete b---h! Everytime I saw her I started to see my ex-wife in her. Enough of her. I ended up hiring another lawyer who I sat with the 1st 15 minutes and he cleared the air for me where I started to understand everything or so I thought. I'm not liking everything I hear when it comes to paying CS and SS. My ex missed 13 weeks of work last year purposely to get her income down. She's about 15K short of where she should be. Myself, I'm going to make at least 25K less this year and my family doctor advised me to work only 5 days a week indefinitely due to a potential heart problem. I haven't worked any overime in months. I suffer with PVC's premature ventricular contractions and a slightly enlarged heart at the top of the heart. The stress from all of this doesn't help. The support that I'm required to pay is 2/3's of my take home pay. The FRO hasn't kicked in yet b/c Its not settled quite yet. I realize they can only take half but that doesn't help me from going into arrears. I'm trying to make my lawyer see what she has done. I'm wondering if it's ok for me to go off on stress leave which will reduce my income? To add to the stress she is trying to buy a house closer to my neighborhood just to cause trouble for me and my girlfriend. I'm in a jam on how all this works. I don't need to have a heart attack either
Important and relevant information that would be helpful in answering your questions:

1. Duration of the marriage?
2. Number of children and approximate ages?
3. Custody and Access arrangement? (50-50, Every Other Weekend, 60-40?)

Good Luck!
Tayken
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Old 04-30-2012, 03:19 PM
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If your doctor is recommending you work fewer hours, then that may be a relevant reason for having your obligations reduced. But given that many people suffer from medical conditions, it may be a hard sell.

Given that you also mentioned going on sick leave to reduce your income, it sounds a little like you might be looking for an excuse. People who are seriously ill are more often bent on a mission to continue working as long as possible, and fighting to remain economically viable. Plus, if you have to reduce your work hours, you ex may argue that you are not healthy enough to care for the kids, or can't be exposed to the stress of parenting.

Please, think of all the implications this may have in the long run...and not just the effect on your pocket today. Your agreement should contain a clause that will allow you to reassess CS once a year, should your income change. If it doesn't then it is garbage. Make sure that you have that clause, and then work as your health permits.
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Old 04-30-2012, 10:16 PM
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I'm not trying to avoid work by any means but why is it ok for her to deliberately take that kind of time off. She makes 18/hr. All any judge or lawyer has to do is do the math based on her weekly income and yearly income. Where I work, overtime is not mandatory but voluntary. I personally have a better life now and and like to spend if around my home. My life doesn't revolve around work where Im consumed by it. I've tried on every account to keep contact with my 2 kids but only one answers when it suits him. Ive always been active in their lives but the ex likes to make allies. I'm done that fight. Its to stressful. I go to work Monday to Friday And take my vacations when needed no different than I did when I was married. My obligations are to my kids. I have no issues with that. The fact of the matter is that my ex is extremely unfair and a cheater and delusional.
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Old 04-30-2012, 10:20 PM
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Oh, the clause u mentioned is going into the agreement based on our yearly incomes. We have to give each other our tax returns. If she decides no to report that both my sons are finished school when they complete their diplomas, where I keep paying child support, she has to repay me or of comes off her SS.
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Old 04-30-2012, 10:25 PM
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Married 17 years with 2 kids 18 abd 21. I'm still paying for the 21 year old b/c of school. There is no custody arrangements at this age.
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Old 05-01-2012, 07:49 AM
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why did she miss 13 weeks of work??
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Old 05-01-2012, 03:30 PM
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She missed work to get her income reduced. She's not sick or disabled.
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