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Lawyer requesting my income and assets

motherof_2plus1's picture

So FDH met with lawyer yesterday and was asked several questions about me and what I make and my assets.

I refused this info and said I'm not comfortable providing that. They revised the docs to just show FDH's income and assets he has. Why would this even be requested? Could this work to our benefit? I wonder if BM's lawyer is asking for it.

I remember seeing a post on here that said a judge based CS off of SM's income as well. Since FDH has some more cushion with my income. This scaaaared me and I do not want that happening.

Oh yahhh and BM claims she made under 10k last year :jawdrop:

Comments

thinkthrice's picture

All NCP SMs should be scared shitless! That's why I made scads of copies of the Financial Affidavit forms Pre-2010) They added line "7" to I. Income from all Sources, a. Wages and Salaries

Line 7 says (and I quote) "Income of other members of the Household"

Line I. e. says to list "money, goods and services provided by relatives and friends"

I love dogs's picture

Interesting. So BM's live-in boy toy/ hubby should apply. Thank goodness our BM isn't as money hungry as she is power hungry and has only been concerned about keeping SD from DH.

Thumper's picture

Did BM lawyer subpoena you?

DO not offer anything up about yourself unless you are court ordered. That also means don't tell boyfriends lawyer what your assets are either.

You may want to research states that include NEW Spouse's info for CS. At this time you are a girlfriend.

Sorry.

motherof_2plus1's picture

Nope no subpoena for me.

I didnt tell his lawyer anything.. I'm up in Canada so will have to look into that.

secret's picture

hahaha I'm in Ottawa.

My DH doesn't even know the amount I make. It'll be a cold day in hell when I share that amount with BM.

No Name's picture

When my DH went to court regarding support they did not ask anything about my finances however the judge stated that he was assuming that I made as much as DH and a comment about another person (me) that was providing income to our household.

TexasPickles's picture

You absolutely do not need to answer any questions, unless ordered by a judge. BM's attorney tried this tactic more than once and the first time around her attorney even threatened to subpoena me to get the information.

DH also wanted me to cooperate because he believed in his naive heart that BM would be easier to deal with if she got her way...or something along those lines. I knew better, lol. Not one of our family court judges ever appeared even mildly interested in making me cough up my assets and income.

What's more, both DH and BM were required to file their income tax returns with the court annually. I blacked out my part of tax info every time. The first year they (BM and her attorney) squawked about it but our judge never said boo so I continued doing it.

Naturally, YMMV dependent on your local laws and whims of your judge. It may be different if you have bio kidlets with DH too.

SMto2's picture

Oh my gosh, no, I most defininitely would NOT provide my income unless ordered to do so, and then, you better believe, if I were ordered to provide that, I'd be filing for divorce from DH in a heartbeat! No, just no! In my case, those are fighting words. Ha ha ha . I pulled myself up from the bootstraps of poverty with two parents with an 8th grade & 10 th grade education, and through hard work, not only graduated high school & college but went on to law school. I took out huge debt to pay for my law school education and now own a big chunk of one of the largest law firms in our state. If lazy @ss BM came after my money, I'd fight her tooth and nail, even divorcing my DH on paper if I had to. Thank God DH's youngest son is now 21, so CS is over, but no way would I willingly agree to provide my income.

DPW's picture

Over 10 years ago in Ontario, I had to provide my salary for my exSO's paperwork when his ex went for spousal support. In addition, I had consulted a lawyer regarding a co-habitation agreement when exSO moved in and the lawyer warned me not to take on any expenses regarding exSS. The lawyer advised that if anything ever happened to exSO, exBM could come after me for monies if she could prove that I financially supported exSS directly or indirectly. I made sure then to keep all finances separate, have insurance on exSO in case he died and exBM came after me, and also never put exSS on my benefits, etc... so no one could argue that I supported exSS directly or indirectly. What a system!

notsobad's picture

My understanding is that you can only use the step parents income if you are claiming undue hardship. Undue hardship refers to the parent paying CS.
So they are basically saying, I can not afford to pay X amount of CS and because the other parent is living with a high income earner, they don't need my money to give the child quality of life.
They have to prove their hardship, it can't just be that the other parent is living better.

Now if the parent paying CS were to quit their job or take a lower paying job and live off their new spouse, then the courts would request the step parents income.
You'd be surprised at the number of women who are willing to support a man, so that he can pay less CS.

Acratopotes's picture

I will not marry this man until skids are no longer on the CS train.....

I will get myself a cheap little flat and pretend I do not even live with him, then no CO in this world can get you to tell them your income and net worth..

you are not married, has nothing to do with any one