What the other attorney is attempting to do is to argue that the two of you are not really separated
. But... why?
Allow me to explain:
1) The court calculates child support based on the monthly net-income for the visiting parent - see here
. However, this is often amended to include for other issues.
2) The attorney likely believes that you and he got separated in an effort to LOWER his child support, and/or, to make any assets he had available to him less likely to be attached for child support, etc, if he defaults on payment (since then, they would be formally distributed between the two of you and your part would not be included).
3) In short, the attorney may believe that the separation is a SHAM to lower his child support/liability.
4) Can they prove otherwise?
Well... they can ARGUE otherwise, but unless they have convincing evidence, then it is all argument. The Judge would decide based on hard evidence.What is this depo for and what will be asked?
Likely, the attorney will quiz you about how much he makes and what really happened with the separation. Provided that one sticks to ONE version of the events and confirms that the separation was indeed real, then one has nothing to worry about. Do not let them bully you. Take a deep breath. They're just human - they're not vultures. Don't let the attorney make you believe that she has something on you, because she does not. She is simply trying to intimidate you. Attorneys are good at that. But in the end, they are more bark than bite. You have done nothing wrong here.
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