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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 06-02-2009, 09:24 AM
2boys 2boys is offline
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Default Won't submit financials. What now?

Nothing was responded to or filed by the children's father from the get go. At our last case conference custody and visitation were settled but child support was not. The judge ordered him to submit financials and he had 15 days to do it (he has not filed taxes in years and works under the table). He hasn't filed and our next case conference is coming up next month to discuss support. I'm wondering what will happen now that he hasn't submitted anything? (I doubt he will even try to submit anything late since he is not responsible when it comes to paperword). Does a judge make a decision based on my application? Or does she extend things again? I cannot contact him to discuss. There is a restraining order in place. Anyone have any advice or info in this case?
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Old 06-02-2009, 07:49 PM
independentgal independentgal is offline
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I had a conference today for the same reason. My ex refuses to provide finanical disclosure. He is self employed and gets paid thousands in cash annually and also doesn't claim it as income. He works with bartering under the table for services as well.

The judge put in the endorsement that my ex was in contempt of court. He said my ex could purge his contempt by complying with the previous court orders within 30 days otherwise his pleadings(his entire case) would be struck automatically.

I also got yet another substantial cost award to be paid within 30 days for my ex wasting everyone's time and my money getting legal advice.It was the second conference we had for getting him to provide disclosure.

The judge also stated to me prior to him deciding to make an order to strike his pleadings that the alternative if ex does not comply is to go ahead with the case without the disclosure as the trial judge(in my case) will make an adverse inference about my ex's income(i.e. he is hiding income and he makes much more than he claims). He later ruled beyond that suggestion and it is firm that my ex's case will be thrown out if he doesn't comply within 30 days.

Just hold tight as there is a procedure to follow that shows the judges that he is deliberately not respecting the court. Once that threshold is met, the judge will make an order like he did today in my case.

It is unbelievably frustrating until that point though.

I am on cloud nine today that I have finally gotten a step ahead in settling my case. It has been dragging on for years.

I cant even settle with my ex as he has never done a net family property statement or answered his undertakings for disclosure etc. How do I know if I don't have the information to make an informed decision?

Good luck in your case.
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Old 06-03-2009, 12:16 PM
Suchislife Suchislife is offline
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Wow, independentgal, the things you go through. Self-represented too! Good on you.

Hopefully 2boys will have a speedy resolution on account of it being CS.

I personally can't believe some people feel they are exempt from a Judge's ruling.
Does being in contempt mean nothing to some people?
Maybe contempt charges should carry stiffer penalties.
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Old 06-04-2009, 07:36 PM
2boys 2boys is offline
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I think that my ex is under the impression that if he doesn't file anything then he is not contesting anything. He is also a super procrastinator.
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Old 06-04-2009, 07:42 PM
frustrated11 frustrated11 is offline
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if you remember approxiamtely what he made when you were together or the type of field he is in, you can ask the court to impute an income so that child support will be based on that. Also, ask the court to have the support order through the FRO by withdrawing from his bank acoount
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Old 06-12-2009, 11:48 AM
newone newone is offline
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Hi independentgal,
My spouse's ex sounds very similar to your ex. She owns her own business and refuses to disclose most things (personal and business). They have already had one motion where disclosure was discussed. He is about to bring another motion asking for disclosure. I was wondering if you had any case law that you referenced in your motion regarding forcing disclosure or asking for pleadings to be struck. Or even if you had the wording that the judge used in your order. Any help would be most appreciated. I tried to message you but your mailbox was full. You must be popular :-)
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Old 11-23-2009, 10:11 PM
Alextu Alextu is offline
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Question offered self employed ex a settlement and waiting

was just viewing this thread...i have a similar situation but am in the early stages....i was quite financially sound before meeting and marrying my ex...he was never very good with money but during the marriage i paid of most of the home which i bought prior to marriage and he started a self employed business several years before marrying.....i helped build his business...continously put money into the business from our home...he has 250K assets now....makes money and I suspect lots of cash hes been hiding and not declaring to ...hes also saying he has lots of debt which i tend to believe as he moves debt from one credit card to line of credit etc....my lawyer suggested to offer a small settlement which i did to try to get him to move on and for me to move on with my life. more importantly the 10 page settlement lists our child custody agreement which doesnt seem to be an issue thank god.....this is dragging on....i know it takes years but my lawyers making alot of dough with this thing going back and forth.....he now is hinting through my son that the business might be going bankrupt which sounds like a ploy as it was viable all the years we were together albeit with my help...he may be attempting to sell what i thought was our mutual business.....can i bypass my lawyer and get him into court asap and force some kind of financial disclosure to see whats really going on with his business....he too is a financial mess...one time he didnt file taxes for three consecutive years and still hasnt filed 2008....can i get a judge to impart income as well
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