I made the huge mistake of not filing my expenses. I was advised wrong when told to just bring them with me to court. The judge wouldn't hear anything I had to say. Lesson Learned. However, she lied about her income and expenses. She didn't even submit check stubs. She stated the amount of her rent but left out the fact that she has a roommate who pays half of it! Also, I pay for his health insurance and I have another child I pay support for. She was awarded 3x's the amount my daughter was based on her lies! She lied about her business expenses and having a car payment. Can the court force her to show proof? I am taking this to trial because I know she can't prove any of the things she is claiming. What are my chances? Thanks
Divorce / Separation Lawyer
Hers and your monthly expenses are not usually factored into the child support calculation. Your respective incomes and percentage of custodial time are factored in. Plus, you get an off-set for the health insurance premiums and you should get a "hard ship deduction" for the child from another relationship. The issue of her monthly expenses and the fact that someone is paying part of her rent would go more to the issue of spousal support and division of property issues. If you did not receive any deduction for the health insurance premiums or a hardship deduction for your other child, then a mistake has been made. Did you tell the court about the health insurance premiums and your other child at the time of the hearing? Do you know if those items were factored into the child support calculations?
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