dss_pansat wrote:The hearing is Friday, in response documents:
- She claims she had the same monthly income of last year but this year her paycheck shows the rate is increasing more than 2%.
- She does not submit the W-2 form last year, only 1 paychecks of the end of April, 2012 and I divided by number of weeks, her income shows more than 1/2 what she claims.
- Does the judge will apply the rule weekly earning * 4.33 to get the monthly income?
4.33 sounds right (52 weeks divided by 12).
My experience is that Judges are overly accepting of claims made by the lower income earner.
I can see your hearing now when your stbx is on the witness stand and you (as pro se) ask "Mrs. stbx, how much did you earn last year?". Stbx replies with a pouty face "I don't know". You then ask the stbx to open the evidence binder and read aloud what info is available.
If the info you want isn't there AND you had adequate time to prepare
then it would be difficult to see why a Judge would grant a continuance. You didn't get it the first time why would an extension make a difference.
The Judge is there to make a decision and not there to compel either side to produce documents to the other side (unless that was asked for in the motion).
He's going to want to know what steps you've taken to get those documents and a not yet responded to subpoena might get you a continuance with a reminder to your stbx to comply with the subpoena.
My nj/stbx cost me around USD 8,000 per fornication session.
My nj/stbx had this in mind (and still does) for me: the manipulated man by Esther Vilar
"Husband pays" quote from my stbx