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  1. #1
    Join Date
    Mar 2017
    Posts
    3

    Default Calculating Support When Income May Have Been Underreported

    My question involves a child support case from the State of: NC & PA

    The interstate issue is irrelevant in regards to this question, but here's the scenario;

    My ex was ordered to pay $1,460 plus $244 arrears per month in our first mediation conference (which took place in PA where he resides). We were to provide our pay stubs and any other pertinent information for the support matter. He objected to the amount set and therefore we were to attend a master hearing at a later date. I was offered the option for representation by a court appointed attorney and accepted. He then cancelled the master hearing and filed a motion for separate listing requesting a 1-2 day hearing where he would present 15 witnesses and 1 expert-not necessary. I tried to object to the motion, but was unsuccessful as I was outside of the time frame. Since he filed for a long day hearing, I was told I could no longer be represented by a staff attorney. During the time-frame between the original conference and the pending hearing, I discovered through an old joint account between my ex and I that he had received 3 large amounts of money between Oct and December totaling around 30k, which he did not disclose previously.

    During our pre-hearing conference last Friday, he was basically told that there was no reason for the amount set to be lowered for him, but we could certainly proceed to the hearing. I stated during that time that I wanted discovery of his tax returns and bank account showing the funds for the money and what it was for. I also asked for an upward deviation as I have our child 100% of the time and current support is based on him having 30%.

    My ex is now offering to settle at the original amount set, but my question is-would I be a fool to do so? Should I pursue more based on the fact that he dragged this out and tried to dick me out of representation AND received 30k on top of his monthly income and tried to hide it? Oh, he also does not visit one weekend per month for supervised visitation per our custody order because he says he cannot afford it.

    Sorry for the long-winded post, but I'm torn on how to proceed and have to provide a response by tomorrow as to whether I will settle or if we move forward with hearing.

    Thanks in advance for any advice!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Money

    Quote Quoting TiffanyGwen
    View Post
    During our pre-hearing conference last Friday, he was basically told that there was no reason for the amount set to be lowered for him, but we could certainly proceed to the hearing. I stated during that time that I wanted discovery of his tax returns and bank account showing the funds for the money and what it was for. I also asked for an upward deviation as I have our child 100% of the time and current support is based on him having 30%.
    Were you granted discovery? What was your ex's statement, in relation to the source of the $30K?

  3. #3
    Join Date
    Mar 2017
    Posts
    3

    Default Re: Money

    Yes, I was granted discovery if we do not settle. My ex said it was a student loan as he is applying to law school.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Calculating Support When Income May Have Been Underreported

    Quote Quoting TiffanyGwen
    View Post
    My question involves a child support case from the State of: NC & PA

    The interstate issue is irrelevant in regards to this question, but here's the scenario;

    My ex was ordered to pay $1,460 plus $244 arrears per month in our first mediation conference (which took place in PA where he resides). We were to provide our pay stubs and any other pertinent information for the support matter. He objected to the amount set and therefore we were to attend a master hearing at a later date. I was offered the option for representation by a court appointed attorney and accepted. He then cancelled the master hearing and filed a motion for separate listing requesting a 1-2 day hearing where he would present 15 witnesses and 1 expert-not necessary. I tried to object to the motion, but was unsuccessful as I was outside of the time frame. Since he filed for a long day hearing, I was told I could no longer be represented by a staff attorney. During the time-frame between the original conference and the pending hearing, I discovered through an old joint account between my ex and I that he had received 3 large amounts of money between Oct and December totaling around 30k, which he did not disclose previously.

    During our pre-hearing conference last Friday, he was basically told that there was no reason for the amount set to be lowered for him, but we could certainly proceed to the hearing. I stated during that time that I wanted discovery of his tax returns and bank account showing the funds for the money and what it was for. I also asked for an upward deviation as I have our child 100% of the time and current support is based on him having 30%.

    My ex is now offering to settle at the original amount set, but my question is-would I be a fool to do so? Should I pursue more based on the fact that he dragged this out and tried to dick me out of representation AND received 30k on top of his monthly income and tried to hide it? Oh, he also does not visit one weekend per month for supervised visitation per our custody order because he says he cannot afford it.

    Sorry for the long-winded post, but I'm torn on how to proceed and have to provide a response by tomorrow as to whether I will settle or if we move forward with hearing.

    Thanks in advance for any advice!
    To be honest, I think that if I were in your shoes I would probably settle for the original amount...but that is just me.

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