when to present fraud against me?

[mcr]

I have court coming up very soon here and my ex is demanding 85/15 split on s7 costs (which she gladly runs up without asking me), and her idea of s7 expenses are extremely skewed. She wants this split because she quit her perfectly good job to start a business that is creating a financial loss for her.

The list of her other demands goes on and on, and I've posted on some of this previously.

My question today is, from her original court application and 'demands', she's been having her lawyer hammer me through my lawyer for more and 'demands' deviating from the initial court application demands. My costs are sky rocketing - it's almost like I'm paying the lawyer $500 every time asks for something 'new'.

I'm tired of this and have hopefully a little piece of saving grace...

A couple of years prior, she 'hijacked' my postal mail and was opening it. I have photo evidence of this (just not showing her actually opening the mail), but my photographs show my mail at her place with the change of address sticker on it from my name & address to her address.

Should something like this be presented at family law court? Or will it be ignored since mail fraud is criminal matter? I've thought about approaching her directly and saying, we just drop the court case and keep things at 50/50 like they've always been, but I question her reaction - she can get rather 'crazy' (she's turned into one of these over-entitled feministic b*tches who feel they should get anything and everything they ask for without having to work for success).

Thoughts?

[standing on the sidelines]

I would question why you didn't do something about it a couple of years ago. If your ex was getting your mail redirected to her new place you should have went to the post office and got that stopped right away. How did you get the pictures? Did you take them or someone else? It must not of bothered you that much if you didn't react then. Now you want to use it for basically blackmail, either she does what you want or you will report it. I am thinking that would be frowned on.

[arabian]

What you are proposing to do is known as extortion. Do you really think a judge would approve of your actions?

Maybe your ex will be successful in her new business venture. She certainly shouldn't be condemned for trying to make a better life for herself and become self sufficient.

[Links17]

What you are proposing to do is known as extortion. Do you really think a judge would approve of your actions?

Maybe your ex will be successful in her new business venture. She certainly shouldn't be condemned for trying to make a better life for herself and become self sufficient.

You can cross-examine her on this project to see if there is the chance it does put her in a better situation than her employment did. You can attack her business model, her market analysis, projected revenue streams etc....

ARabian is right that it "might" be better but its not a wide door, otherwise people would quit their jobs left, right and center.

[sahibjee]

the mail thing, leave it alone for now, you may have not brought it up previously to keep the peace, but bringing it up now is not likely to go well for you.

my understanding is that judges generally look at business plans and their viability, if she can successfully make the judge think that she will earn at least equal in business to what she was making at her job, then its likely that the judge will let it fly, but if you can show the judge that her involvement ins business isnt likely to turn out well and that somehow her new venture is not good for your child, then you have a higher likeliness of success.

you have to remember though, that judges are usually not business people, therefore pitching a business idea and opposing it is very much of a gamble, an entrepreneurial judge may get excited, while a judge who has lost money in an investment may frown upon it.

[arabian]

It is not uncommon for businesses to show a loss for several years before producing positive cash flow/retained earnings on paper. Your position would be to examine her business income and expenses as she is now self-employed.

You might attempt to have an income imputed to her, based on her past employment income, IF her new business venture is similar in nature to the work to which she was formerly employed.

This whole process (imputing income) might have to be dealt with under a separate motion as it could require a request for additional financial disclosure including interim financial statements.

[mcr]

In the situation of ex quitting her job to start her own business, would it be wrong to expect this same flexibility be granted to me in the future then? She (ex) has the idea that because what I make at my current salary will stay the same or only increase and any decreases she can have my income imputed back to current salary.

I appreciated all your above responses, but the unfortunate thing here is that she is only motivated by greed any of her 'wins' in court will not benefit my children - only her and her selfishness.

[arabian]

I don't think it is a matter of "flexibility."

It's a matter of either party (payor or payee) requesting income be imputed. If you do nothing then don't expect the judge to feel sorry for you/or her. You have to do your due diligence and get the facts together and present your argument in a logical, unemotional manner.

Tit-for-tat certainly isn't a viable option.