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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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  #11  
Old 03-15-2018, 11:29 AM
Lemongirl Lemongirl is offline
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Great advice Rockscan! Thank you! I'm going to stay out of the weeds and keep it simple, but want to keep the equalization math in my back pocket in case it is addressed.
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  #12  
Old 03-15-2018, 11:32 AM
Lemongirl Lemongirl is offline
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Do you actually order CS and S7 at a CC or do you usually wait until the Settlement Conference?
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  #13  
Old 03-15-2018, 11:34 AM
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Rioe Rioe is offline
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Quote:
Originally Posted by Lemongirl View Post
Rioe, thanks so much for breaking down the math calculation. That's amazing for you to do this for me. It all makes sense and is solid, but I do have one question about it. If the calculation shows I would owe him $17.5k, should I not deduct the $15k that i absorbed into the mortgage and assumed on my own at separation? If so, that would mean I would only owe him $2500? i actually paid him $15k PLUS took on his $15k debt. If you deduct 17.5k from the $30k it means i overpaid by 12,500 (not that i would ever ask for it back, i could care less)Sorry, just want to make sure i have a solid understanding prior to court.

Math is the easy part. It's convincing people that the math is right that's the hard part.


The $15k debt he started with is already included. The math doesn't care where the money went, it only cares about the snapshots of date of marriage and date of separation.



But I only had your numbers to work with. When you said the house value was up $20k, did you mean that was the raw increase in value of the house, or the combined factor of the increase in value of the house AND the reduction in the mortgage? I'm not convinced my math is even right, as I'm not sure how to interpret some of what you said.



None of this should be coming as a surprise to you at this point though, as it should have all been done at your original agreement. Didn't you do financial statements then?
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  #14  
Old 03-15-2018, 11:43 AM
Lemongirl Lemongirl is offline
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I reworked the math with the actual numbers below. The $20k was the raw increase. Below is the revised calc based on actuals. We waived financial disclosure (yes dumb on my part), however i had solid numbers to work with in terms of our assets and debts. I believe this adds up now and makes sense.

At date of marriage:
ME net worth: 200,000
EX net worth: (15,000)

At separation:
Net home value (350k less 145k mortgage): 205,000
Note home was purchased for 330k
Note: 145k includes his debt of $15k
ME net worth: 102,500
EX net worth: 102,500

Net worth difference from marriage to separation:
ME increase in net worth: (97,500)
EX increase in net worth: 117,500
Average of ME/EX increase in net worth: 10,000

Equalization Summary:
Amount ME owed to EX for equalization 10,000
Amount ME actually paid to EX for equalization 15,000
(Overpayment) Underpayment (5,000)
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  #15  
Old 03-15-2018, 11:58 AM
kate331 kate331 is offline
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Quote:
Originally Posted by Lemongirl View Post
Do you actually order CS and S7 at a CC or do you usually wait until the Settlement Conference?
I got CS ordered at my recent CC, S7 are going to be dealt with at a Motion.
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  #16  
Old 03-15-2018, 01:11 PM
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Quote:
Originally Posted by Lemongirl View Post
Net worth difference from marriage to separation:
ME increase in net worth: (97,500)
EX increase in net worth: 117,500
Average of ME/EX increase in net worth: 10,000
Okay, yes, that works better, with knowing the actual house value and mortgage amounts.

So with an increase of net worth of $10k each, you should end with a net worth of $210k, which is nearly all contained in your house, and he should end with a net worth of ($5k). Theoretically, to make that work out properly, he should have owed you $5k in equalization, but the system does funny things with negative numbers.

Anyways, the point is that he came into the marriage with debt, and he left with $15k in cash. He has nothing to complain about, and certainly didn't give up a single cent that would require a reduction in CS to make it feel fairer.

Tell him you won't reopen equalization if he signs to have CS and s7 handled normally from now on.
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  #17  
Old 03-15-2018, 01:27 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Lemongirl View Post
Do you actually order CS and S7 at a CC or do you usually wait until the Settlement Conference?


A case conference can be a settlement conference if you both can agree. More than likely your ex will come in with an attitude of “i gave up thousands I owe her nothing” and the judge will order an update to cs with you both having to go back and figure out arrears and daycare. The next one would be settlement where the judge attempts to get you to settle. Ccs can have a cs order made but the rest is on agreement. The judge will probably advise your ex that it doesn’t matter what he agreed to, you cant negotiate cs away and you have been asking for disclosure.

You will have a better idea after the cc how your ex is going to play going forward. Don’t worry so much about his lawyer. They do what he tells them and if being obstinate will make them more money, they will play along. Worry more about the direction the judge is going in. Your case sounds reasonable and you aren’t asking for more than you are entitled to.
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  #18  
Old 03-15-2018, 04:03 PM
Lemongirl Lemongirl is offline
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Thanks for the advice and your opinion everyone. I will keep you posted as to how this pans out.
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  #19  
Old 03-15-2018, 04:20 PM
rockscan rockscan is offline
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As my partner and I have learned, keeping a level head when faced with an unreasonable person is difficult. Just remember what you are willing to settle for and what the law is and you will be ok!
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  #20  
Old 04-11-2018, 03:28 PM
Lemongirl Lemongirl is offline
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Just wanted to give an update on how the Case Conference went yesterday. Rockscan, you are correct, my ex came in basically saying he gave up thousands and owes me nothing, and is actually asking for credit to go against the $100k he apparently gave me if CS and S7 arrears are being considered/awarded. The judge really didn't have much to say except that the biggest issue he sees is the childcare costs that I have been paying 100% of (his comment is to my advantage). He said the agreement is clear that the house down payment is documented that it was mine to begin with, but said there is another part of the agreement that could be interpreted to my ex's advantage or mine so that could be a potential risk for me or my ex. The judge gave no opinion on how he thinks a judge would actually rule. He suggests that we try and settle this without going to trial and booked a Settlement Conference for May. During the CC i provided the OC with a recalculation of S7, CS and arrears for both based on our actual incomes over the last three years which will be referenced in my SC brief.

After the CC, my ex and his lawyer basically told me that they are not opening up recalculating equalization and questioning it, but rather challenging the agreement in terms of how it was worded with regards to my down payment. My ex also then questioned S7 expenses that have previously gone through FRO I submitted for hockey - saying that because he didn't approve our son to play hockey for the last 3 years that he should be reimbursed for the 40% FRO collected. While our agreement does say that we are to agree on S7 costs, it's difficult to do that when the other parent won't actually step up and co-parent in terms of exercising access, won't go to any extra-curricular activities, or participate in anything else that parents do on a regular and ongoing basis. I admit i should have tried harder to get permission for our son to play hockey, but he loves playing and I worried his father would say no which would be a huge let down for him. I do not put through the smaller activities through FRO, however hockey is a more expensive sport and is difficult for me to pay without his contribution. I do not have my son in rep, only house league. Next steps, I'm hiring a lawyer to help provide me with some guidance, their opinion and to help me draft my SC brief. It's possible I may need him/her at the SC conference as well because i must admit, it's emotionally stressful speaking in front of a judge on your own when the other person has a lawyer to speak for them. Wish i didn't have to go that route, but it is what it is.
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