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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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2 yrs after divorce, the ex- is filing for spousal support.

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2 yrs after divorce, the ex- is filing for spousal support. In her filing she failed to mention her income from rental properties, among other things. I filed for her to produce financial records. She immediately offered to settle. Q: Should I make a counter-offer now, or wait till I see and review her financial info? I also have a draft 'response' pending... should I file that first? I need to advise my attorney on what I want to do.
Dear XXXXX1985:

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

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With her swift response to your discovery request, I smell a fish and I would recommend waiting to respond until you see what bait she has!! It could be that she has significant assets which are marital property that she was holding out on you . Your attorney is much more familiar with the issue than anyone else and I would say follow his or her advice.

I would also want to see if there are any other properties or incomes that she has withheld from you. If they were incurred during the marriage, then you are in a very good position. So let her wiggle on the end of the hook for a while and see what else pops up! You might be very surprised and your silence is going to make her very uneasy and thus prone to making mistakes.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

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Edited by Lawdoctor on 2/1/2010 at 5:28 AM EST
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