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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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  #1  
Old 01-12-2022, 05:53 PM
STBDivorced STBDivorced is offline
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Exclamation Settlement and disclosures

Hi, our settlement meetings are going on and I've been asked the following from my ex's lawyer:

1. My account statements post separation for the last 2 years. Note: financial disclosure has already been made and all income sources have been exchanged with tax returns for the last 4 years.

2. My resume that I submitted for my current job which I got post separation. Note: there's little difference between my salary from my previous job and my current job. I lost my previous job but got this new one in a month.

My questions are:

Are the above appropriate to be asked as the other party already has all my financial info as the financial disclosure has just been made a couple of months ago? (Just a side note that they have 6 months of statements which is part of the financial disclosure)

Is it appropriate to ask for my resume and if yes, what's the rationale?

What if I don't provide them with my last 2 years of bank statements since separation, what are the consequences? There's no court order for it and the lawyer has just sent an email asking me about this info. Although I have nothing to hide but I'm feeling uncomfortable as I don't know what their intentions are.

Thanks
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Old 01-13-2022, 09:49 AM
Stillbreathing Stillbreathing is offline
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Unfortunately disclosure is not a one shot deal. It’s ongoing. Try being in litigation for 10 years and being asked for 10 years worth of bank statements, credit card statements, etc. This is normal. If you don’t provide it, a judge can and will order it. If your matter does not settle, they can keep asking for financial disclosure and you will be expected to provide it. If you refuse, the court will make negative inferences, impute an income to you and you could end up owing the other party costs.

As to a resume, they are likely looking to see whether or not you are underemployed. I’m surprised they haven’t asked you for evidence of your job search activities as that is often requested. If you do not provide requested disclosure an order may be made you may eventually find yourself on
the hook for costs.

You also have the right to ask for the exact same disclosure. The basic purpose of disclosure is so that both parties have enough information to agree on each other’s income and assets so they can make an informed decision to settle issues such as property division, spousal support, child support and section 7 expenses.
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Old 01-13-2022, 11:09 AM
rockscan rockscan is offline
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Both of those things were requested by my husbands ex in a motion to change for child support. His ex was claiming he was working for cash and also wanted to see what his job search was like. He provided the resume and 350 pages of job applications to close the discussion. The judge was pretty harsh with the ex because she didnt make an overt claim he was purposely underemployed and there was no indication of it.

As for the bank records, she asked for all of our bank records including mine (we werent married at the time) and the judge said no. He told her that she should have asked for all applications for credit as he would have to represent his income for credit purposes which would show if he was lying.

Ive never heard it in settlement discussions though. Are they seeking spousal support? Perhaps trying to prove you are capable of making more? I would provide the resume or even a link to your linked in profile if you have one. Possibly even documentation on why you left your last job but on a without prejudice basis.
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Old 01-13-2022, 01:00 PM
StillPaying StillPaying is offline
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There is an inherited order for everyone to provide full and frank financial disclosure. If it was already provided and there has been no change, you can tell them that. If you fail to provide updated info, you'll be ordered to provide it with a hefty fine.

Same for resume. It's most likely an annoying scare tactic if you're making a reasonable income, but provide it and avoid coming off bad to the judge.
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Old 01-13-2022, 11:47 PM
rockscan rockscan is offline
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Quote:
Originally Posted by StillPaying View Post
There is an inherited order for everyone to provide full and frank financial disclosure. If it was already provided and there has been no change, you can tell them that. If you fail to provide updated info, you'll be ordered to provide it with a hefty fine.

Same for resume. It's most likely an annoying scare tactic if you're making a reasonable income, but provide it and avoid coming off bad to the judge.

Its inherent. And ongoing disclosure is in the federal guidelines so there is an expectation you will be up front about disclosure going forward.

As for their requests, SP is right. You dont have to provide it as its simply a (petty) fishing expedition. You can simply respond that you have provided full disclosure, there is no other income to be reported and your statements are irrelevant to the settlement discussions. I would provide your resume though, just to shut them up.
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Old 01-14-2022, 12:59 AM
StillPaying StillPaying is offline
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Court requires your pay stubs and tax returns in order to file. But bank and credit card statements, loan applications, etc are also a part of full financial disclosure. You definitely have to provide them, just not more than once.
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