Okay, so I'm the custodial father, I make $85k, she makes $60k and she says that she needs spousal support, she can't afford to live without it because she has to pay me child for 2 kids.
I've reviewed her financial disclosure, and my feelings are that she could easily afford if she made better financial decisions. Issue #1, she is currently paying $1000/month for a two bedroom apartment. There is only one person living there, she has lived there for 2 years and not for one night has she had either of the kids for an overnight. As far as I'm concerned, she could be saving $200/month by moving to a one bedroom - I don't see any justification for her having a two bedroom.
Secondly, she is claiming $900/month in transportation costs. $500 for the lease and $400 in operating costs (gas, insurance and parking). Her vehicle is a Dodge Avenger which is listed as a mid-size sedan. Expensive car, not great with mileage. Again, her lifestyle is for ONE person. She sees each of the kids twice a month for 2 hours each. I can't see her justification for spending this much in transportation. Also, especially with rising gas costs and the fact that she lives only 15km from work, as far as I'm concerned, she could be taking public transit at least some of the time.
Do I have an argument here to say that if she were able to reduce her rent by $200/month and her transportation costs by another $200/month that she wouldn't be in such a mess? The other thing too is that it's only for the next two years that she's paying a trustee $250/month for a credit proposal that she made, so she will have even more money at her disposal in a couple of years.
Also - and just thinking of this in context of my previous question on the Trial Management Conference - I am thinking that I would want to find/call two additional witnesses. One to testify to my contention that the car is not economically wise for someone who can't afford it, and I'd like to call/find another witness who could review her financial disclosure and to render their opinion as to if the expenses that she has listed are reasonable given her financial situation. If I did this, could I leave the name of the witness blank (as I don't know who yet) but just describe what I would like them to testify about?
TIA!
Rick
I've reviewed her financial disclosure, and my feelings are that she could easily afford if she made better financial decisions. Issue #1, she is currently paying $1000/month for a two bedroom apartment. There is only one person living there, she has lived there for 2 years and not for one night has she had either of the kids for an overnight. As far as I'm concerned, she could be saving $200/month by moving to a one bedroom - I don't see any justification for her having a two bedroom.
Secondly, she is claiming $900/month in transportation costs. $500 for the lease and $400 in operating costs (gas, insurance and parking). Her vehicle is a Dodge Avenger which is listed as a mid-size sedan. Expensive car, not great with mileage. Again, her lifestyle is for ONE person. She sees each of the kids twice a month for 2 hours each. I can't see her justification for spending this much in transportation. Also, especially with rising gas costs and the fact that she lives only 15km from work, as far as I'm concerned, she could be taking public transit at least some of the time.
Do I have an argument here to say that if she were able to reduce her rent by $200/month and her transportation costs by another $200/month that she wouldn't be in such a mess? The other thing too is that it's only for the next two years that she's paying a trustee $250/month for a credit proposal that she made, so she will have even more money at her disposal in a couple of years.
Also - and just thinking of this in context of my previous question on the Trial Management Conference - I am thinking that I would want to find/call two additional witnesses. One to testify to my contention that the car is not economically wise for someone who can't afford it, and I'd like to call/find another witness who could review her financial disclosure and to render their opinion as to if the expenses that she has listed are reasonable given her financial situation. If I did this, could I leave the name of the witness blank (as I don't know who yet) but just describe what I would like them to testify about?
TIA!
Rick
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