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

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Old 11-26-2008, 06:39 PM
Simplicity Simplicity is offline
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Question sole custody, child support - necessity for financial disclosure by the recipient

I have sole custody of my 11 year old son. I am not looking for any special or extraordinary expenses at this time. I have also informed the child' father and his lawyer that if I do seek such expenses in the future the claim would then relate to current and prospective/ expenses (i.e. I would not be making a retroactive claim).

Obviously, if in the future I do claim special and extraordinary expenses I will promptly and fully provide financial disclosure at that time.

It is my understanding that this should be a simple matter. The father discloses the tax return for a given year, identifies the amount on line 150, and checks the amount on the Guidelines, and pays accordingly. This can be done on an annual basis (or, if the father prefers on a 3 year basis as his income fluctuates and 3 year reviews might suit him better).

It is my understanding that because I am not seeking special and extraordinary expenses only information about the payor's income is necessary. My question for you is this: is my understanding correct regarding this matter?

The problem is that the father and his lawyer are demanding financial disclosure from me concerning tax years 2004-2007, and annually from now on.

I am resisting this because I do not think it is necessary.

The reason that I am not claiming special and extraordinary expenses (although I have, and have had, some) is because of the substantial paperwork that would ensue from documenting various items, as well as the potentially large legal expenses that could be involved in resolving matters concerning relatively modest amounts of money. From past experience (years of it) huge amounts of legal bills and stress have resulted from trying to resolve the most basic of financial matters (e.g. it took about 4 years of firstly personal pleading and later retaining lawyers to actually get financial disclosure from the father to me as of about 2002).

For your information the amount of monthly child support that I receive at this time is less than $250. I know that strictly adhering to the father's income and the Guidelines year by year may well involve a reduction of the amount paid by him. I am quite content to accept that.

I am representing myself on this matter.

This is my first posting. But I have been accessing the website for some time now and find it very helpful. Thanks!
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Old 11-26-2008, 07:04 PM
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dadtotheend dadtotheend is offline
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It will be simple if you can Dad to agree without litigating, but if you have to go to court, you will likely have to provide your financials and get the documentation.

Since you're self-representing, that won't be expensive, thankfully. Plus, if you have to go to court, it's only fair that both parties provide full financial disclosure to assist the judge.
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Old 11-26-2008, 07:19 PM
#1StepMom #1StepMom is offline
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Simplicity, as court clerks have told us so many times... "Just fill out the Financial Statement to the best of your ability, just in case. If the judge wants proof of something, he'll request it."

So, I advise you to do the same. Often, we don't have all the necessary information to fill the form out perfectly and completely, but you do the best you can. For areas where you don't have the documentation, just put "TBA" - we were told that will do.

After all, you don't want to make it seem as if you're witholding information, you know what I mean?
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