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Lawdoctor, Lawyer
Category: Family Law
Satisfied Customers: 1400
Experience:  Over 22 years of experience in numerous states.
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To: LawDoctor (follow up question!) This silly "just

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To: LawDoctor (follow up question!)
This silly "just answer" would NOT let me follow up to the answer you just provided... Ok... I will hold off and see what info she provides, before responding to her 'offer'. BUt.... what about my formal 'Response' that I need to file with the court in reply to her Show Cause.... should I file this now, or wait also, until just before the hearing???

Sorry for the problems with the reply button... technology you love hating it!!! I went off line about 1:00 am my time, so I am just now seeing this!

On her motion for support, first, has there been a final order of dissolution or divorce and property? If so, and the Order did not award alimony or spousal support then you file an objection that the issue is moot or 'res judicata' and ask for the court to dismiss the motion. Her time to file for support would have been prior to the Order and thus she lost her time to file.

If the divorce is not final and you are still in the middle of it, file a simple response objecting to the support and ask the court to delay setting the motion for hearing until such time as discovery has been had. (until such time as she provides her financials and you have time to review or have an expert review them).

In either case, if you both filed financial affidavits with the court at anytime and she did not include this income, you can file a contempt of court against her for perjury and ask for attorneys fees and damages. I would carefully review all the documents she has filed previously to see if she omitted or denied having the income to see if you can catch her in a lie to the court and then you have ammunition to use against her.

I wish you the best.


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