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  • Finally Received a Response

    Today I received a response to my motion to change served on April 3. Finally. My Motion to Change only asked to change CS to table amount based on his 2011 reported income.

    His response agrees to child support change I sought (and already have a temporary order for). He additionally asked for access changes.

    Questions:

    1. His Form 13 disclosed current income as about $35,000 more per year than he made in 2011. I still don't know what his reported income was for 2012. The Form 13 does say that last year, he made (about $30,000) more than disclosed for 2011. X says he hasn't filed income tax yet for 2012. What amount should be used to calculate CS now? Does it stay the same as the amount I requested based on his 2011 income?

    2. I don't agree to all of the changes in access he would like. Do I respond to his lawyer in a letter with my position, or do I wait for the CC scheduled in July? Or Do I write these things in the CC brief? Or...

    3. In his "reasons" section, he has many inaccuracies and misrepresentations. Do I include these in however it is I respond to this (letter to lawyer, CC brief, affidavit..)? Do I include the "proof" of his inaccuracies (emails, etc)?

    4. He has requested costs. Can I now request costs officially, or do I still do as OL suggested on my other thread to just ask at next appearance?

    Thanks!

  • #2
    1. When calculating support in court, they will go with current income. They should be able to cover arrears as well for any underpayments last year, as you were never given that information.

    2. Have you already submitted your cc brief. If you haven't, since the last time he didn't show up, then you should be able to submit an updated one now as long as you are within the filing time.

    3. You can submit extra details to your cc brief where you can include schedules to show your proof. If your cc brief is already submitted, you may be able to file an affidavit with exhibits to go with your brief, to show the new details which have occurred since your brief was filed.

    4. If you are planning to file more material, make your claim to costs. If not, all you can do is ask the judge. I doubt costs will be awarded at a conference, but ask for an endorsement to allow for these costs to be included as a matter for trial.

    Comment


    • #3
      Thank you, HD.

      1. He has technically underpaid for all 5 years we have been separated, as i found out once i filed this year for an adjustment. I had only asked for table amount from date of filing, not arrears. I was trying to be amicable....

      2. No, I have not submitted a brief yet. I had not yet been served for either appearance. I was just served a response yesterday. Now I can write a CC brief. Is it standard practice to ask for "other" changes on the coattails of a motion to change CS only? We had never before discussed any changes to access. Shouldn't there be an attempt to reach an agreement first before just attaching it to the other party's motion?

      3. Do you think I should just mention dates and times of events in detail, but not actually attach the email or text proof to my brief? For now?

      4. Thanks for the tip on asking for an endorsement for costs. What "other material" would I file to include costs at this point? Can I put it in the brief?

      Thanks again!

      Comment


      • #4
        My lawyer told me the thing to do is request an EXTREMELY high income to be imputed. If the judge sees that your ex isn't providing financial disclosure they will likely give you the imputed income amount on an Interim Order.

        When someone is imputed 50k more than they actually make, they usually rush to get the financial information to you.

        Worth consideration.

        Comment

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