Car payments

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Car payments

Unread postby whatever_works » Sun Feb 11, 2018 3:37 pm

My car payment ends this month. The trial is still pending. On my next financial statement I am going to have a reduced expense of some 330 per month. Does that count against me in any shape or form? My lawyer thinks that for the purposes of child support it wouldn't make a difference. But for the purpose of determining college payments for D17, it would look like extra disposal income. Any advice on the best way to handle that?
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Re: Car payments

Unread postby astrolink » Sun Feb 11, 2018 3:40 pm

What state?
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Re: Car payments

Unread postby whatever_works » Sun Feb 11, 2018 4:13 pm

MA
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Re: Car payments

Unread postby dad2grls » Sun Feb 11, 2018 9:47 pm

CS it's calculated via a formula that is based on income only, not expenses.

Spousal support, extra curriculars, your pro rata share of college and medical bills can be based on various factors including your expenses.

As far as the car expense goes, leave it in there. If your ex calls you on it at some point you say "oh sorry forgot to remove that one".

I suggest being creative about listing other monthly expenses as well such as vacations, cost for various hobbies and entertainment, that sort of thing.
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Re: Car payments

Unread postby Chicyn2001 » Mon Feb 12, 2018 9:26 am

Is there any way you can go ahead and start filling out the financial disclosure now instead of waiting until next month?
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Re: Car payments

Unread postby whatever_works » Mon Feb 12, 2018 8:22 pm

Thanks for the advice. The problem is, the more tricks I do in the financials, the worse it will look for me at the trial. Most people get away with "creative financials" because most people don't do a trial. I can probably leave the car payment for a month or so and claim that I forgot. But I don't know when my trial date is and if it is 3 or 6 months later, it will be harder to discuss.
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Re: Car payments

Unread postby Tom Kirkpatrick » Tue Feb 13, 2018 12:11 am

whatever_works wrote:.....I don't know when my trial date is.....
I wouldn't worry about it. You'll probably settle on the courthouse steps.

Tom
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Re: Car payments

Unread postby TJinCA » Tue Feb 13, 2018 11:31 am

Tom Kirkpatrick wrote:I wouldn't worry about it. You'll probably settle on the courthouse steps.

Tom


Maybe so, but it seems dangerous to plan for that.

I agree with OP's philosophy, the more it looks like you're playing games with finances the more risk you're taking if/when OC points it out to the judge. I think you can only get away with so many "oops I forgot's", especially when they all happen to work in your favor.
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Re: Car payments

Unread postby dad2grls » Tue Feb 13, 2018 12:46 pm

whatever_works wrote:Thanks for the advice. The problem is, the more tricks I do in the financials, the worse it will look for me at the trial. Most people get away with "creative financials" because most people don't do a trial. I can probably leave the car payment for a month or so and claim that I forgot. But I don't know when my trial date is and if it is 3 or 6 months later, it will be harder to discuss.


You are totally overthinking this and going at it with the wrong approach.

People make mistakes especially during the stress of ongoing divorce litigation. Mistakes aren't punished.

If 3 or 6 months down the road you have a trial and if during that trial your exwife calls you out on the car loan expense or anything else you simply say "oh yes we can take that off" and that will be the end of it.

The crazy stuff my exwife put on her monthly expenses were laughable, my attorney cross examined her on the most ludicrous examples including a few hundred dollars per year on "pet sweaters" and 100 dollars per month on "car wash" (she didn't even work so no commuting) and she would nod and say "yes that's an actual expense" and no one in the courtroom so much as batted an eyelash.

Get creative about your own expenses, if in doubt put it on the form you can always take it back later. Sure you don't want to be so ridiculous as to lose all credibility but there's a large grey area in there and you have got plenty of room to wiggle based on your current position and way of thinking.
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