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Old 01-22-2010, 10:55 AM
#1StepMom #1StepMom is offline
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Originally Posted by independentgal View Post
Are one of you making claim for undue hardship? Or are you requesting reduction in CS?
Neither. We're not making a claim for undue hardship, nor are we requesting a reduction in CS. We are asking for CS to be based on the previous year's total income, as depicted on my husband's notice of assessment. We are specifically asking for an order that ALL child support adjustments be based on the previous year's total income as depicted on the notice of assessment. No more of these "whichever method will yield the highest amount at the given time" calculations.

She doesn't want to agree to this because of my husband's employment fluctuation/difficulties in 2009. She claims that his total income on his notice of assessment for 2009 will be "too low" and so she is claiming intentional un/under-employment.

My husband offered her the 3-year average, but she is refusing that as well, and is still claiming intentional underemployment.

We spoke with 2 lawyers about this and they told us that her claim is unreasonable, especially given the current state of the economy. They told us to just ignore her and not provide her with any information that would help her in building her case, as she will obviously use all of it against us... even if it's truthful and reasonable.

We don't want to provide her with the information, but at the same time, we don't want to seem that we're hiding anything. It's quite the dilemma!