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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90286
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Final order regarding child support and visitation is getting

Customer Question

Final order regarding child support and visitation is getting ready to be written by the Judge. My ex neglected to include that she will be getting a disability income from the VA as she has just retired from the military. She has only listed her military pension on her financial declaration sheet.
The VA is still evaluating her claim. However, she has been diagnosed with Sleep apnea which is an automatic 50% disability.
She will be getting on top of her military pension ($3600) a disability check at least for $2,000, probably more.

My questions are:
1. If she failed to disclose this future income in the Final Order, should I file an appeal to have it included in the final order as the money will be paid retroactive to July 2013. (Average claim time is about 1.5 years)? If not an appeal, what should I file?

2. Should I let the final order go into effect and take it up as a child support issue when I know the amount she is getting paid as a disability? Would I be able to file to get back the extra money I paid due to the fact she was paid retroactively?

Any suggestions would help, thanks.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for our question. I look forward to working with you to provide you the information you are seeking.

You should file an objection to the final order and include your information and proof that she will be receiving this income and it was not disclosed to the court to make its decision.

You should file the objection to the order because it is easier to do this than it is to later file a motion to vacate the order based on her failure to disclose the information to the court.



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Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90286
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 9 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.
Will this be an issue of contempt?

If the Judge declines what is the next step?
Expert:  Law Educator, Esq. replied 1 year ago.

Yes, it would be contempt of court. The court has sole discretion on issuing a contempt citation and if they refuse to do so there is legally nothing you can do to force them. It is unlawful to fail to disclose and it is misrepresentation to the court.

Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90286
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 9 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, Sir. I always appreciate your direct answers and professionalism.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

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