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Hi,
Let's get people's thoughts.
Special appointment date in November to deal with retroactive and prospective adjustment to support amounts.
Facts: married 6 years, 2 kids 60/40 split based on overnights. consent order on a totally without prejudice basis in 2019 based on a guess of my income. The lawyer actually entered the data into divorcemate wrong and categorized dividends the wrong way which artificially increased the support amount. I never noticed it.
Paid full amount until May 2020. Expert report determined my income was actually much much lower with evidence to support why it was less (I did not pull the self-employed self help and decrease my income). COVID then was going to gut again. Attempts to engage other side was futile and I couldn't bring it to court.
Had no choice but to go into arrears. The plan for finances was to do adjustment but I had to be questioned first (so I was told), her side cancelled on me twice. Eventually switched lawyers and as soon that happened they brough a motion for arrears to be paid from my share of the house. They won.
As a result of this and based on my expert verified report (they have had for 16 months and didn't bother getting their own) I am in a credit of SS by 60-118k (depends on how much is imputted to her) and CS by 12k.
On EP and other adjustments she owes 150k and only has 127k left in her half in trust of the matrimonial home.
Obviously it is a mess because she has no way to cover all these credits without a lump sum buyout.
If the tables were reversed and my income was shown to be much much higher and I underpaid by 60k, they would make me pay that retroactive amount over time so it should go both ways.
I do think prospective support will be adjusted to reflect my actual income becuase keeping the amount like this would pretty well bankrupt me. Thoughts on retroactive adjustment?
Let's get people's thoughts.
Special appointment date in November to deal with retroactive and prospective adjustment to support amounts.
Facts: married 6 years, 2 kids 60/40 split based on overnights. consent order on a totally without prejudice basis in 2019 based on a guess of my income. The lawyer actually entered the data into divorcemate wrong and categorized dividends the wrong way which artificially increased the support amount. I never noticed it.
Paid full amount until May 2020. Expert report determined my income was actually much much lower with evidence to support why it was less (I did not pull the self-employed self help and decrease my income). COVID then was going to gut again. Attempts to engage other side was futile and I couldn't bring it to court.
Had no choice but to go into arrears. The plan for finances was to do adjustment but I had to be questioned first (so I was told), her side cancelled on me twice. Eventually switched lawyers and as soon that happened they brough a motion for arrears to be paid from my share of the house. They won.
As a result of this and based on my expert verified report (they have had for 16 months and didn't bother getting their own) I am in a credit of SS by 60-118k (depends on how much is imputted to her) and CS by 12k.
On EP and other adjustments she owes 150k and only has 127k left in her half in trust of the matrimonial home.
Obviously it is a mess because she has no way to cover all these credits without a lump sum buyout.
If the tables were reversed and my income was shown to be much much higher and I underpaid by 60k, they would make me pay that retroactive amount over time so it should go both ways.
I do think prospective support will be adjusted to reflect my actual income becuase keeping the amount like this would pretty well bankrupt me. Thoughts on retroactive adjustment?
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