Blended Families

How to make her prove expenses?

I'm not sure we even want to go there, but I'm curious how you can make a court have either party prove their expenses?  Bmom had many lies on her expense list.  The judge clearly stated he took each of the expenses into account in the CS calculation. 

The biggest expense she has is "mortgage".  She listed $2000 for a mortgage that she doesn't even have.  Her mom is a property owner and let her move into one of her homes.  While it's possible bmom may be paying her mom some "rent", it is highly highly unlikely it's 2k, and in fact it's more likely it's zero.  She also listed very inflated numbers for other areas.  Ours were super low.  The judge or courts never asked for proof on anything.  Is there a way to make them ask for proof?  It's simple to confirm she is not the homeowner, etc.

Re: How to make her prove expenses?

  • In my state the NCP can't even ask...at least not how support is spent.
    Stay at Home Mama to 3 Beautiful Children by the miracles of Birth & Adoption
  • imagemom2one:
    In my state the NCP can't even ask...at least not how support is spent.
    This is how it is for us also, with the CO filed in BMs state.
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  • imagemom2one:
    In my state the NCP can't even ask...at least not how support is spent.

    I don't think OP is asking for BM to prove how the CS is spent, more so prove that her expenses require a certain amount of CS, and that is a different scenario.

    OP, I would think that your lawyer needs to ask for a CS modification, and go through the whole shenanigans of doing a full expense report, and this time he needs to request proof of those expenses that can be proved. Such as a mortgage, car payment, utilities, etc.

    I know for us that was an important part of determining support.

  • Back when ex and I divorced I remember having to fill out an expense form and thinking it was so ridiculous...down to how much per month on shampoo. I don't think they cared about expenses in our state really...but I joke with DH that our DD's clothing budget alone would be be an issue. lol
    Stay at Home Mama to 3 Beautiful Children by the miracles of Birth & Adoption
  • imagehereonceagain:

    I'm not sure we even want to go there, but I'm curious how you can make a court have either party prove their expenses?  Bmom had many lies on her expense list.  The judge clearly stated he took each of the expenses into account in the CS calculation. 

    The biggest expense she has is "mortgage".  She listed $2000 for a mortgage that she doesn't even have.  Her mom is a property owner and let her move into one of her homes.  While it's possible bmom may be paying her mom some "rent", it is highly highly unlikely it's 2k, and in fact it's more likely it's zero.  She also listed very inflated numbers for other areas.  Ours were super low.  The judge or courts never asked for proof on anything.  Is there a way to make them ask for proof?  It's simple to confirm she is not the homeowner, etc.

    But if youre asking for proof, won't her mother write up a fake lease? You'd have to request cancelled checks and even.then, the mom.might reimburse her. I don't know how you'll be able to prove what she pays for rent.
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  • imagetifanico:
    imageparis.inthe.spring:

    imagemom2one:
    In my state the NCP can't even ask...at least not how support is spent.

    I don't think OP is asking for BM to prove how the CS is spent, more so prove that her expenses require a certain amount of CS, and that is a different scenario.

    OP, I would think that your lawyer needs to ask for a CS modification, and go through the whole shenanigans of doing a full expense report, and this time he needs to request proof of those expenses that can be proved. Such as a mortgage, car payment, utilities, etc.

    I know for us that was an important part of determining support.

    Unless they had a substantial change, can they even request a modification? I wouldn't think so but if the case is closed and you already have an order I really think your lawyer didn't do a good job.  Anyone can easily make up expenses. 

    It really depends on the state. In many states you can have it re-evaluated every 18 months, or every year. It just depends on the local laws.

    Is the whole no mortgage think something you all just suspect, or is this something that you no for 100% certain she does not have and is in no way responsible for paying? I would think that if you are 100% and proof can be provided to substantiate your claims, that it would be able to be reevaluated based on the fact that originally it was calculated using fraudulent information. But who knows.

  • I am sure she doesn't have a mortgage on that home.  I have property records showing her mom is the sole owner.  Of course I don't have proof that she isn't paying some kind of rent, but I'm fairly sure it's the case.  I think we are going to drop this.  We have 3 years left on the support and I don't want battles anymore that I think we just need to pay what is required even if it is based on her falsified info.  I don't want to spend several thousand on a lawyer again, it would just defeat the purpose of us trying to save that extra money for the kids.  I guess I just wanted to know in case something bad arises and we do have to go back to court.
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