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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-23-2008, 11:07 PM
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Question Curious question

Without going into particulars (since I have enough long posts about my case on the site)..
My next court date is Nov 18th. At the last court date on Sept 16th, my ex's lawyer was given the time line between those two court dates to bring an application for divorce to Superior court (which they claimed they were going to do), and to provide financial disclosure. While I know it's only the 23rd of Oct, I have yet to be served, or receive anything. In fact, other than the support order, the other side has not filed a thing (case was started in July).
I have an interim order at the present time, which includes CS of $500 (for 4 kids), which is all the other side was willing to offer in court Sept 16th, as his lawyer did not have full financial information for his client. So, Nov 18th was to re-visit this to adjust CS based on his actual income.
On the morning of court, I spoke to his lawyer who told me that he expects that his client makes about $30,000 per year. The $500/month is based on an income of $19,800 - well below what he quoted to me.

So what I am wondering is - if nothing has been served/filed/provided by the morning of court, can I ask the court to impute an amount if the lawyer knows the ex's hourly wage at this point, or a rough estimate of his yearly income, or even based from what his lawyer told me prior to court on Sept 16th?
Also, if the same holds true (the lack of filed information), how can I go about moving the interim custody/access/CS order into a final - or is more information required from the other side before the court can do this?

Thanks everyone!
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Old 10-24-2008, 06:50 AM
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Quote:
Originally Posted by AndrewsKim View Post
So what I am wondering is - if nothing has been served/filed/provided by the morning of court, can I ask the court to impute an amount if the lawyer knows the ex's hourly wage at this point, or a rough estimate of his yearly income, or even based from what his lawyer told me prior to court on Sept 16th?
Also, if the same holds true (the lack of filed information), how can I go about moving the interim custody/access/CS order into a final - or is more information required from the other side before the court can do this?

Thanks everyone!
I would think that an income can be imputed to him for the purpose of adjusting CS,, and you can bet that if he is making more then $30,000 he may still stall the financial disclosure, and if he is not, he'll provide the disclosure to ensure he is not over paying. But you should be able to request that the courts order him to produce the financial documentation.
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Old 10-24-2008, 08:38 AM
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Ok lets try this again - I times out trying to reply.. ugh

Thank you FL.
As it now stands, they have had 85 days to provide financial disclosure, and by court on the 18th it will be 110 days.
During court on Sept 16th, the judge reiterated that they were to provide financial disclosure by the Nov 18th court date, so I guess we'll see what happens.
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Old 10-24-2008, 10:45 AM
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Because they were already told to provide the info by a certain date, by the courts, then I would highly suspect that the courts will just go ahead and input an income, make sure to reiterate that the other party was already advised to provide this info but did not, in light of this, please have an income inputted based on what ever documentation you have.

This is most likely what will happen, but make sure to point this out, the judge may not have had ample opportunity to review, so stating what previously happened will avoid any further day on the grounds of no financials.
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