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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 12-20-2006, 01:07 PM
DadofTwoGirls DadofTwoGirls is offline
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Default Unilateral Change to CS Amount

Situation:

Two kids - 50/50 custody and access.

Agreement for CS calls for financial disclosure by end May and adjustment of CS July 1st based on actual income.

I provided full disclosure

X only provided the tax return she filed for 2005 and refused to give anything else.

Update: An unsigned letter received declaring earnings and expenses (1/3 of earnings) but not on company letterhead or from company. Provided "without prejudice"

Over the last three years, we applied the direct offset method to CS calculations - she only made a very little bit of $$

I expect that her earnings to date will be significanty larger now.
Update: They are much higher.

Question:

Other side is opposed to a change to CS Amount. I think that other side has been deceitful for last 6 mos by not provide disclosure. They are still not compliant with disclosure rules.

My lawyer advises that I should change CS amount unilaterally. This might force them to take us to court but then she'd have to disclose income. I won't make it retro to Jul but I will use straight offset and give her credit for expenses claimed.

If she had provided disclosure as per our agreement, this wouldn't be happening.

Our agreement is signed and sworn with advice from independent lawyers - but not registered. We've never been to court.

Any thoughts on this approach?

Thanks.
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Old 12-20-2006, 06:22 PM
logicalvelocity logicalvelocity is offline
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Dadof2,

Quote:
Update: An unsigned letter received declaring earnings and expenses (1/3 of earnings) but not on company letterhead or from company. Provided "without prejudice"
This is somewhat problematic for you. The letter is unsigned and the term without prejudice means you cannot use it. It appears on the face of it, something shady is going on. Ask for the last year years income tax returns and the most recent paystub which shows year to date earnings.

lv
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Old 12-20-2006, 07:37 PM
DadofTwoGirls DadofTwoGirls is offline
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LV,

Thanks for the reply. I did ask for those things but the unsigned "without prejudice" reply is why was returned from her lawyer to mine. This is after a complete refusal to disclose.

I am leaning very heavily towards making the CS change as of Jan 07 unless I see a strong counter argument. It will be a 21% reduction in CS amount.
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