cole1020
recently joined
Reged: 10/10/10
Posts: 17
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My husband and I separated after 18 years of marriage in March 2010 (Pennsylvania). Our children are 13 and 16 yrs of age. After two custody hearings (filed by him), I was awarded primary physical custody. Because he was very sporadic with any kind of financial support, I filed for child support in September. The hearing was October 4, and apparently my husband and his atty decided to reduce the amount of any child support by filing for spousal support on the spot! I do have an atty., but chose to represent myself at the child support hearing. Saturday I received notice a decision was made on October 7 that I was to be given 799.00/mos child support, but because spousal support was awarded simultaneously (552.00/mos) I will be only receiving 247.00/mos. to support two children! I am a nurse, my husband is self-employed and does not report his true earnings. I provide the medical, dental, and eye coverage for my children. Two months after our separation, he had moved in with his girlfriend. Only three weeks ago he has now moved in with his sister and is apparently staying there rent/utility free. My question is this: Is there no formal process of notification of your spouse having filed for spousal support? (As there was when I requested child support) Is there no hearing to determine a true need for spousal support? He is being awarded an amount based on under reported earnings....Is there anything I can do short of hiring a forensic accountant? Any advice would be greatly appreciated.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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It is now time for you to hire an attorney.
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13.1...because I am only half crazy!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30209
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How often does he see the children? I am against spousal support except in extreme situations. What is the income disparity between the two of you? What kind of business does he have?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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The reason the courts tend to use the income he declared even though he may be under reporting, is unless you complained about it to the IRS before, then you must have been ok with it while married. CSE is going to go by whatever your tax return says.
You can hire an expensive forensic accountant, but beware that the IRS will go back 10 years if he hasn't been claiming all his business income, and since you appear to know about it, you will most likely have to pay 1/2 the back taxes to the IRS. With interest, it can be ALOT of money. It depends how much was under reported. Good luck.
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gr8Dad
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Reged: 06/07/04
Posts: 30209
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He is being ordered to pay $800 a month in child support, which means his reported income should be around 70-80K. Hers must be SUBSTANTIALLY higher to order spousal support in the amount of $500 a month (unless its pendant lite).
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Why give a "senior" discount, they have had plenty of time to raise the money...
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googledad
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Reged: 12/31/05
Posts: 10207
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My question is this: Is there no formal process of notification of your spouse having filed for spousal support?
>>>>>>> In PA , No , done at the same time , same form . They calculate CS first , SS right after .
Is there no hearing to determine a true need for spousal support?
>>>>>>>> Nope , all based on reported income .
....Is there anything I can do short of hiring a forensic accountant?
>>>>>>> Not really .
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Careful. We don't want to learn from this.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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The $500/month is 30% of the DIFFERENCE in their incomes AFTER her portion of CS is deducted from her income .
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Careful. We don't want to learn from this.
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cole1020
recently joined
Reged: 10/10/10
Posts: 17
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He has the kids every other weekend, Thursday after school until 5pm Sunday night. He is supposed to have them every Tuesday from after school until 8pm, but seldom takes them (must interfere with his busy life, but it is fine by me). Last year I grossed 55,400, while he grossed 34,600. (but on our taxes his account pretty much showed 2009 as a total loss for him, with deductions and expenses.)
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cole1020
recently joined
Reged: 10/10/10
Posts: 17
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I am assuming it is pendant lite because no divorce papers have been signed (the order just says spousal support) I have no idea where they came up with the CS and SS numbers, because they had out tax returns. Every support estimator I used for CS didn't come anywhere close to 799.00/mos for CS.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30209
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Right, so you COULD be getting LESS in child support, might want to leave this one alone.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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