Financial Statements?

[representingself]

If a CP is ordered to file a financial statement, and she is a re-married, SAHM (for 10 years) who provides $0 towards the household expenses and owns nothing, (cars, savings, etc)...

How would she complete the form... does she just leave everything blank?

Her husband (for the past 12 years), is the sole income earner...

She wouldn't report how much he pays for his bills... or what his assets are and what they are worth Would she???

[Mess]

She should in this case report his income, she can't have an income of $0, he is supporting her completely so it is family income.

It shouldn't make much difference if she is CP, other than section 7 expenses, which should be split fairly according to family income.

[representingself]

See I told her that her new husbands income wasn't relevant. Darn it!

She isn't seeking s.7 expenses this time, she is asking for guideline support.

I thought that (according to the FL Rules) that as long as it was only guideline support, that she didn't need to file a FS.. But apparently the Judge wants full financial disclosure from her...

I don't quite understand how it is the CP's "family income" vs the NCP's "single income"...

It just doesn't seem fair to drag her new husbands' personal assets/savings/pension information, etc. into it?

[Mess]

Does it seem fair to say that someone has $0 income when they are obviously being supported by someone else? A report of $0 income is never "fair". It won't have any impact on CS since she is CP, and even if the husband is earning $1 million, it still doesn't absolve the father from paying support.

[NBDad]

How often does the CP have the child(ren?). Over 60% of the time?

0 income is not acceptable. If her new husband supports the household, then there is a valid argument to allowing the household NET income to be included. She's voluntarily unemployed, which is not ok.

[HammerDad]

If she puts an income of $0.00 she is not doing her part to provide financially for her children.

I would then argue 1 of 2 things. First have the family income included as her income. Alternatively, have her income imputed at her skill level and income she earned previously (if possible). Worst comes to worst, have her income imputed at full time minimum wage.

[representingself]

The CP has the child more than 60%.

They declared her new husbands income at the bottom of the Form13 (schedule B), stating that he contributes 100% of the household funds. But the rest of it was basically blank.

Does she have to fill out the other pages, disclosing her husbands assets, (truck, savings, monthly expenses, etc?) as if they are her own?

[representingself]

Well using the family income would yeild a higher result, than imputing her an income.

The NCP earns less than the CP's husband, and if she were to imply her own imputed income, it would be substantially less than her husbands salary, so that would most likey upset the NCP even more.

The CP's husband doesn't mind disclosing his income, but he was unwilling to disclose his assets, he was a little peeved.

[HammerDad]

The NCP earns less than the CP's husband, and if she were to imply her own imputed income, it would be substantially less than her husbands salary, so that would most likey upset the NCP even more.

They would most likely provide for a portion of the husbands income to the CP, not his entire income. It is in the childrens best interests to have each parent provide them mentally, emotionally and financially. Plus it is an obligation on each parent to ensure they are providing their fair share. In this case she has not and has deferred it to her new husband.

Plus, I think it would be best to argue both family income, or alternatively, impute her income. It can be very difficult to change your motion mid-course and the courts are not about to give you a remedy you don't ask for. So if you don't ask for one or the other, in the event the judge rules in her favour, you have nothing else to immediately fall back on.