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  1. #1
    OneDayAtATime is offline Junior Member
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    Nov 2011
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    Default Financial Affidavit

    My soon to be ex finally filed his financial affidavit thru his Attrny but no supporting documentation. When I received a copy it was obvious that he was either understating his income purposely or under earning purposely to reduce his child supporticon. He also omitted all vehicles he owns (albeit they are not marital property, there are 4).
    He is a mechanic and his pay fluctuates from check to check. But there is nearly $800 a month difference between what was submitted and what he has earned prior to the separation.
    I have supporting W2's, his check stubs right up to the separation to support my claim.
    Mediation is in the process of being scheduled, I submitted the documents to my Attrny.
    He is not currently paying any support or assisting with the finances for the children. He is asking for 50/50 time sharing so he can reduce his child support.

    How is the Financial Affidavit/Income under earning handled prior to Mediation or trial?
    How is his avoidance viewed by the court and will this all go into consideration as far as his moral character when it comes to time sharing?

    Thank you.

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Aug 2008
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    Tampa, Florida, United States, 105638029469653, Tampa, Florida
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    Default

    Lack of honesty can affect time sharing decisions - but not that much.

    You can prove the actual income at trial and if successful the judgeicon will use your figures.

    In mediation, proof does not matter much.

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