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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 11-23-2014, 06:01 PM
momofonegreatboy momofonegreatboy is offline
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Default Sp.Expenses & Carrying Charges

Hello,

We are still working on our agreement however my lawyer looked at my income vs my x's income and her calculations indicated a number higher than only looking at line 150 due to sp. Expenses and carrying charges.

X does not have a lawyer and insists that he will only and should only pay CS based on line 150. Since June, I have been sending letters asking to send proper amount however X still email transfers what he thinks he should pay and I decline every time. Six mths have gone by and while the difference is merely $40 per mth, I am inclined to start accepting his amount as I do need the money and don't want to appear uncooperative.

My lawyer suggests I write him to say that without prejudice, I will accept his amount even though it is not the correct amount as per CS guidelines. It's not the increase of funds I'm fighting for but the simple principle. I feel like I've spent a lot of money getting lawyer to write him letters that he ignores (sent him detailed receipts as per his request) without any success.

Lawyer says amount overall is not enough to file a motion/ wouldn't be worth it unless I outlined a number of other items. My concern is what he says goes and that next year and yrs after, he will only pay amount based on line 150 of income tx return of which my lawyer says is only a starting point.

Should I simply accept what he's willing to pay? He's got me cornered.
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  #2  
Old 11-23-2014, 06:12 PM
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blinkandimgone blinkandimgone is offline
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So essentially you're choosing zero CS instead of almost the amount you think you should be getting? If your lawyer recommended this I would strongly suggest a new lawyer immediately.

He doesn't 'havery you cornered', you're being ridiculously petty. If you want $40 per month more ther get a court order requiring him to pay it, at the moment YOU are the one who is holding up getting an agreement in place. S.7 expenses are over and above CS and should be calculated separately from CS.

Your insistence of 'fighting on principles ' is robbing your children. Stop being petty and accept the CS he is sending and go through the proper channels for S.7 or CS increases.
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Old 11-23-2014, 06:19 PM
momofonegreatboy momofonegreatboy is offline
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He is paying the correct amount of S.7 and it is being calculated separately.


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Old 11-23-2014, 06:36 PM
Berner_Faith Berner_Faith is offline
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What are the reasons your lawyer is stating he should be paying $40 more? Essentially you have declined CS for the past 6 months over $240, I am sure this isn't even an hour of your lawyers time.


Is your ex self employed or is he an employee? Most people go by line 150 unless there are reasons to believe the line 150 is being reduced for whatever reason.
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Old 11-23-2014, 06:44 PM
momofonegreatboy momofonegreatboy is offline
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My lawyer says that under the CS guidelines (under a specific section I do not have in front of me right now) that special interest and carrying charges are deducted on my line 150. Theses charges are what I claimed for legal fees to gain CS in the first place. She explained all this to X in a letter and X then requested more details (receipts ect.). X then came back to say 'no thanks' and stopped retaining his lawyer. In the interim, X also indicated that he was adjusting his own income tx for the last couple of yrs. (he has a media outlet website that never took off while we were together and expressed to me that he had thousands of expenses to claim even though $0 profits)

I would have been happy with line 150 breakdown but my lawyer pushed it further and I jumped on it. It's not till now (5 mths later) that she's afraid I will look uncooperative should I not accept.


If he's not agreeing to the correct amount now, my guess is he will not agree to it should I put it in the separation agreement.


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Old 11-23-2014, 07:58 PM
Beachnana Beachnana is offline
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You should dump your lawyer IM humble Opinion.

So what happens next year when the line 150 changes next year. More court battles. Draw a line, lice with the amount and move on. The money you are paying your lawyer Well only knows how much you are wasting.
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Old 11-23-2014, 08:44 PM
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I spend $40, in 4 days at Starbucks. Weekly.

grande Chai Tea Custom Latte. I'll out myself here - with 2 sugar free vanilla pumps and nonfat milk.

I have to admit, the "carrying charges" makes me laugh - - how old is your lawyer, 26? My chai is likely older.
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Old 11-23-2014, 08:52 PM
momofonegreatboy momofonegreatboy is offline
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Actually she is young- mid 30's. She led me to believe that not all lawyers would go into such detail however that line 150 is simply the starting point. I took her word and went back to X with the info. Of course he challenged lawyer and she felt compelled to back it up with her research. Five mths goes by and I now feel like a fool.

We had exchanged our financials and my lawyer suggested she took a look at the breakdown for CS and that "it'll only take me a sec" so I agreed and her numbers were higher than X. Naturally- I went with what she was saying.

I'm in the process of deciding to file a motion (there are several other issues on the table) however I'm losing confidence in my lawyer. What questions should I be asking her should I proceed with her (I've been with her for almost 2yrs and feel she knows my case inside out) but I'm questioning her experience in court.


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Old 11-23-2014, 09:15 PM
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Of course he challenged it, why would he pay just because your lawyer said to?

Would you take the advice and direction of your ex's lawyer who was working on his behalf, not yours?
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Old 11-23-2014, 09:17 PM
momofonegreatboy momofonegreatboy is offline
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At the time he challenged it, he did have a lawyer. His lawyer never responded to my lawyer's calculations and before we knew it- the ex let his lawyer go.


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