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Family Law Financial Affidavit Mistake in Preparation

Pompano Beach, FL |

I am divorced. I own a business. In my most recent Financial Affidavit filed for a Contempt hearing, I mistakenly put my business' gross income as my gross income. This amount is what the Court used to find me in contempt. Do I have any remedy in fixing this or filing another Financial Affidavit without looking like I'm "manipulating" income?

Attorney Answers 3

Posted

Of course you have the right to file an amended financial affidavit and probably should do so with a footnote explaining the error. As far as how the court will look at that, I cannot tell without knowing more but you should not proceed with a mistaken financial affidavit.

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Posted

You do have the right to file an amended affidavit. The court may require you to file a Motion for Leave to Amend.

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Posted

Our MSA also states VERBATIM "Husband will pay $2500 toward Wife's personal loan with lender A" That's it. No schedule, no time limit. She was paying them at a rate of $300 per month. She since, took a personal loan from her mother . She decided that with that personal loan from her mother that she would pay off her other personal loan that I was responsible for. Now, that loan is paid off. She is now motioning for contempt that I wasn't making the $300 monthly payments and is now requesting that I repay her mother. Other than the "equitable distribution / contempt" defense, what are my other options for defense in this instance?

Posted

This is just one axiomatic reason to hire an attorney. File an amended FA immediately, and do make a footnote explaining the mistake on the previous one.

R. Jason de Groot, Esq., 386-337-8239

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