Thread: SS arrears
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Old 04-26-2013, 12:27 PM
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Leviathan Leviathan is offline
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Quote:
Originally Posted by Pursuinghappiness View Post
I definitely say no.

Like Exquizique said, if you pay in the interim, you're implying she's entitled to it and she hasn't proved that at all. In addition, you're setting up a status quo of paying her and now she can claim you're causing her a hardship.

Think of it this way, the court would prove her entitlement by using the disclosures you're waiting for. So all you have to show is that you requested the disclosures multiple times and she didn't supply them...how are you supposed to know she needs support with the absence of relevant materials? That she didn't supply them would seem to me to end the discussion about retroactive support.

I'm really surprised your lawyer is ok with you paying her without an order. Personally, I think by doing this..he's weakened your position...I'd stop until she files a motion and brings her evidence forward.

By the way: If you bank the money, just in case she proves entitlement, you're no worse off. But if you give her money in unsubstiated payments that she can't prove entitlement for in the future, what are the chances that you're going to get it back...or get it back without incurring court costs?
Pursuing is making sense here too!!!... Yes the stbx and her lawyer threatened to go to court for an emergency motion..this is when my lawyer (she's female) said...let's throw some $$ at them to keep them happy..(so to speak)

It's not SS or CS (although thats what stbx is going after)...IT'S INTERIM SUPPORT" I know...it is tricky...I wasn't pleased either but with the stbx's lawyer whining about the stbx's health and whatnot...I was in a tight position really
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