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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 03-02-2010, 03:09 PM
representingself representingself is offline
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Default Ex is claiming Undue Hardship...

So I have filed a Motion to Vary a 12 year old CS order.
My ex has never provided financial disclosure. There was nothing in our useless Order that stated that he had to. He has never paid anything towards s.7 expenses. Again, not mentioned in the original order.

He pays $125/mnth.

According to him, he should be paying $304/mnth, but I know he is hiding some income. But that is neither here nor there.

I made a claim for retoractive CS back to August 2005, which was the last time I spoke to him before he disappeared again.

He is claiming Undue Hardship....

I offered to drop the retroactive claim, and go back only to July 2007 when was the first time I made a written request for financial disclosure (found him on Facebook ).

Question: Can he bring forth an argument for Undue Hardship without providing ANY financial disclosure/tax returns??

He wants my my and husbands past 3 years income tax returns.... but should I not get his and his spouses first?
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Old 03-02-2010, 04:12 PM
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NBDad NBDad is offline
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He doesn't have a prayer in hell. No CS for years, and NOW he claims hardship?

Quote:
Can he bring forth an argument for Undue Hardship without providing ANY financial disclosure/tax returns??

He wants my my and husbands past 3 years income tax returns.... but should I not get his and his spouses first?
"He" doesn't get jack squat. If he's claiming undue hardship, he'd have to submit a complete financial disclosure for both himself as well as any new partner. (as do you). This information is either submitted to the lawyers, or to the judge. The standard of living between each househould has to be a substantial difference for any such claim to go through. "Substantial" is up to the discretion of the judge.

By not paying what he's supposed to now, or contributing to his share of special expenses, he's basically shot himself in the foot.
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Old 03-02-2010, 04:43 PM
mom2kids mom2kids is offline
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He must submit all of his household financial information first, and you would be asked to do the same. My understanding is that he would first have to prove that paying the table amount of CS or retroactive CS would not only cause him financial hardhsip, but undue hardship - as in can't afford to live if he pays the CS. If the judge decides he has a case then they will compare the standards of living of the two households. I am going through a very similar situation, except my ex was supposed to submit his tax return each year but refused. Good luck to you!
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Old 03-03-2010, 11:07 AM
iwannarock iwannarock is offline
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Why should his spouse's income have anything to do with this? It's between you and him...just like your spouse shouldn't be involved. I will go to hell before I'd ever show a tax return of my information to my husband's ex girlfriend.

As a stepparent, I pick up the pieces in my family. After my husband pays a huge chunk of CS (which he's always paid and more) 65% of the so called extra costs, all of the tutoring, the gas to cover the 5 hours on the road back and forth to get the kid, benefits, life insurance, etc etc etc the list goes on to birth mother and her husband, he has nothing left of his cheque. So I work extra.....freelancing and so forth however I do it to keep a roof over our heads, a safe haven for my kid and stepson and keep the family together. But as for BM accessing my info, THAT IS NONE OF HER BUSINESS. And shouldn't be yours either in your situation.
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Old 03-03-2010, 11:15 AM
iwannarock iwannarock is offline
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and also....my husband did submit a financial to the court, it was fair, we had receipts and statements of all expenses, there was nothing to hide and the judge threw it aside and stated it's based on your annual salary before deductions.
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Old 03-03-2010, 11:29 AM
representingself representingself is offline
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Quote:
Originally Posted by iwannarock View Post
Why should his spouse's income have anything to do with this? It's between you and him...just like your spouse shouldn't be involved. I will go to hell before I'd ever show a tax return of my information to my husband's ex girlfriend.
Well then.. for your sake, hopefully your husband never makes a claim undue hardship, or you'll be headed straight to Hades!

Quote:
Originally Posted by iwannarock View Post
But as for BM accessing my info, THAT IS NONE OF HER BUSINESS. And shouldn't be yours either in your situation.
Simmer down Prozac......

No offense, but maybe you should do some research before you shoot your mouth off?

When HE brought forward HIS claim for UNDUE HARDSHIP, HE brought HER income into the equation.... NOT ME!

The courts MUST now look at the entire, combined HOUSEHOLD INCOME to compare the standards of living in each..... so my husbands income is brought into the mix as well.

THATS THE LAW! Maybe you should try reading Section 10 of the Federal Child Support Guidelines as well as Schedule II of the same.

Thanks for your unenlightened reply!
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Old 03-03-2010, 12:11 PM
iwannarock iwannarock is offline
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Go ahead and quote whatever section you want. We've been to court and my financial information wasn't even included and birth mother's husband's wasn't either. The judge just looked up the table....said...father you pay this, mother you get this, and based on what mother makes and what father makes, it's a 65/35 split on all other items except father you must pay all benefits and life insurance. And by the way ...new wife....we don't care about your new kid so I suggest you figure out how you're going to raise this kid without your husband's support because we only care about kid #1. And new husband, your wife is getting a raise...congratulations.

The courts NEVER looked at the standards of living in each household...which is why birth mother is now renovating her home with the child support money.Never asked why their non court agreement was good for 11 years.

Don't get so snooty....I never said CS shouldn't be paid....my husband has always paid it, used to have the kid 50% of the time, and paid guideline and more for what he made each year.

We add to our family, husband gets a better job, gets taken to court because of new baby arrival so goes after full custody and has access cut to every other weekend instead and then more money goes to birth mother. We desperately miss having first kid 50% of the time and believe me the phone calls don't make up for the time we now miss out on.

Last edited by iwannarock; 03-03-2010 at 12:22 PM. Reason: cause I wanted to
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Old 03-03-2010, 12:17 PM
iwannarock iwannarock is offline
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"Well then.. for your sake, hopefully your husband never makes a claim undue hardship, or you'll be headed straight to Hades!


We've been to family court, why would we ever want to do that again? No use fighting a losing battle in our case.

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Old 03-03-2010, 12:23 PM
representingself representingself is offline
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Quote:
Originally Posted by iwannarock View Post
Go ahead and quote whatever section you want. We've been to court and my financial information wasn't even included and birth mother's husband's wasn't either. The judge just looked up the table....said...father you pay this, mother you get this, and based on what mother makes and what father makes, it's a 65/35 split on all other items except father you must pay all benefits and life insurance.
I've been through court as well.... 3 times. And THIS time he claimed Undue Hardship.

If he hadn't, then CS, s7 etc. would have been dealt with exactly as you described.

That is NOT the case here.... hence the Household Standard of Living Comparison.

Quote:
Originally Posted by iwannarock View Post
The courts NEVER looked at the standards of living in each household...
THAT'S because your husband DID NOT claim UNDUE HARDSHIP.

Quote:
Originally Posted by iwannarock View Post
We add to our family, husband gets a better job, gets taken to court because of new baby arrival so goes after full custody in retaliation and has access cut to every other weekend instead and then more money goes to birth mother. We desperately miss having first kid 50% of the time and believe me the phone calls don't make up for the time we now miss out on.
Hey, I feel for your situation... but it has NOTHING to do with mine... not even remotely comparable.
  #10  
Old 03-03-2010, 01:05 PM
iwannarock iwannarock is offline
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Sorry it just pisses me off that the spouses would even have to get involved at all. Law or no law....I am new to this so sorry for wasting your time. Not too sure why all "i's" and "T's" weren't crossed twelve years ago. Maybe it wasn't law then.....maybe it was. Sorry it's leaving you in such a disaster situation.
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