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Can I get his financial records?

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KristineIowa

Junior Member
OK, I have two other attorneys (well, three now actually) telling me that this information is commonly requested, yet I have people here telling me I am being unreasonable.

This will be the first such information request I have made -- and likely the only request I will make.

My alimony request was made several months ago, never countered, and will not go up as a result of this information. However, as long as we are married I am entitled to truthful and accurate information.

As part of the discovery process, he was required to provide amounts but did not provide documentation. I did, however, so there really isn't any reason for anyone to be offended for me asking for the same treatment.

His living expenses and situation (and my own) are directly relevant to the comparison between lifestyle pre- and post- separation, something every attorney asked for during the hiring process, as well as a family member who is an attorney in a different state. So how in the world is documentation of such going to be offensive?

I don't care who he is living with -- only that his expenses are what he says they are. And if they are not, the judge needs to know that too.

I don't know why people here get all bent out of shape, but the vast majority of information I have received is telling me that even if this request is denied, it isn't going to offend anyone.
 

Silverplum

Senior Member
OK, I have two other attorneys (well, three now actually) telling me that this information is commonly requested, yet I have people here telling me I am being unreasonable.
Listen to your phalanx of attorneys!


KristineIowa said:
This will be the first such information request I have made -- and likely the only request I will make.

My alimony request was made several months ago, never countered, and will not go up as a result of this information. However, as long as we are married I am entitled to truthful and accurate information.

As part of the discovery process, he was required to provide amounts but did not provide documentation. I did, however, so there really isn't any reason for anyone to be offended for me asking for the same treatment.

His living expenses and situation (and my own) are directly relevant to the comparison between lifestyle pre- and post- separation, something every attorney asked for during the hiring process, as well as a family member who is an attorney in a different state. So how in the world is documentation of such going to be offensive?

I don't care who he is living with -- only that his expenses are what he says they are. And if they are not, the judge needs to know that too.

I don't know why people here get all bent out of shape, but the vast majority of information I have received is telling me that even if this request is denied, it isn't going to offend anyone.
 

tuffbrk

Senior Member
Not for anything but the guy has to live somewhere and pay for it. What difference does it make if he rents a "dive" which to me is synonomous with cheap to establish rental expense? I would guess that he is paying something towards the rent with GF. I really don't understand why you are focusing on it.

During divorce, both parties have to complete paperwork to validate financial statements. That is a "norm." Just follow the norms.

You are the person in the alimony position presuming your marriage meets the requirements for alimony. What is it that you are concerned about? That he artificially inflates his expenses and you might get a little less than what you think you "earned"?!

Go get a part time job.
 

KristineIowa

Junior Member
Wow - yet another who knows none of the specifics drawing a conclusion about not only my motivations but now my work ethic. You must be psychic. :rolleyes:

They should rename this board "Free Character Assassination."

If you had read my posts, your question is already answered, but I suppose insults come more easily from ignorance.

Not for anything but the guy has to live somewhere and pay for it. What difference does it make if he rents a "dive" which to me is synonomous with cheap to establish rental expense? I would guess that he is paying something towards the rent with GF. I really don't understand why you are focusing on it.

During divorce, both parties have to complete paperwork to validate financial statements. That is a "norm." Just follow the norms.

You are the person in the alimony position presuming your marriage meets the requirements for alimony. What is it that you are concerned about? That he artificially inflates his expenses and you might get a little less than what you think you "earned"?!

Go get a part time job.
 

LdiJ

Senior Member
Wow - yet another who knows none of the specifics drawing a conclusion about not only my motivations but now my work ethic. You must be psychic. :rolleyes:

They should rename this board "Free Character Assassination."

If you had read my posts, your question is already answered, but I suppose insults come more easily from ignorance.

Look, you have attorneys that are telling you something different than this forum is telling you. Apparently multiple attorneys. I think that is pretty indicative that you should be listening to your attornies rather than this forum.
 

tuffbrk

Senior Member
What is the name of your state (only U.S. law)? Iowa

He filed for divorce and asked me to move out, which I did. I have this verified on a court document.

am I entitled to the following information?

Rental history - his

I know he has been living with a girlfriend and has been since shortly after separation but I cannot afford to hire a PI.

His living expenses become important as he has rented a short term lease dive apartment just to have a rental agreement on paper for the hearing. I know he is not living there.

Iowa is a no-fault state so it is a simple division of assets, but his ability to pay is important. If he is faking financial obligations, am I entitled to the above information in order to disprove it?

I have read, re-read...you moved out of the apartment at his request and he then - as quoted - moved in with his GF?? Is there a reason why he didn't move out and leave you there? Was the lease up and you both moved? What happened to the security?

Then you state that he has rented a short term dive apartment but doesn't live there...I guess because he lives with the GF?

Who cares? The point is that the guy has to pay to live someplace so why do you think that he is "faking?"

As far as the rest of it goes - as your attorneys have advised, just follow the standard procedure. The information you listed - other than rental history and cancelled checks - is typically standard for verifying financial statements as required by the divorce process.

I asked in my post - what is the concern about rental cost? You say it's a "dive" so it can't be all that expensive and the guy has to live somewhere and pay rent. Whether it is to his GF or at a dive - he still has rental expense.

Everyone has rental expenses. It will not impact his ability to pay you.
 

nextwife

Senior Member
Maybe I missed it, but how LONG was the marriage that you believe alimony to be warranted?
 
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tuffbrk

Senior Member
What is the name of your state (only U.S. law)? Iowa

My husband makes $100,000 a year (almost exactly) and I make $26,500 per year. The hearing is to determine what he must pay me in legal fees, credit card debt and alimony.

The OP does not provide much information related to occupation, potential for future income, earning ability, etc. I also found her wording about the house to be odd. She is hung up on the rental expense because she can't afford a PI. I truly don't understand her point.

However, she does say that there is a hearing at the end of September to address the above. She does write that it is to determine what he will pay "me" but presumably she understands that any attorneys fees and credit card debt are paid directly to the creditors which just leaves the alimony.

With $126,500 in household income and no children, that must be one heck of a tax bill without any mortgage interest to claim!
 

KristineIowa

Junior Member
Incorrect.

The cash award, if any for the debt, will be to me as I am paying the joint debt since he will not. Everything is joint debt in Iowa, just as everything is considered joint assets.

Why should he care about the debt? He has his salary and no living expenses, so he doesn't need a decent credit rating. He can pay cash for almost anything he wants.

Attorneys have been paid already out of my pocket, so again that money is to reimburse me, since in his own words he asked me to move out, filed for divorce, didn't pay the mortgage or the debt (sold the house shortly before foreclosure, and I am paying what I can on the debt). But you can understand my not having money for covering everything we spent on just my salary.

So yes, I am getting some money from him. It is my money that I have spent to support his lavish spending. His idea was to divorce, him taking all the assets and me keeping most of the debt.

We have been married for 11 years, during which time he has controlled every dollar we made and I followed him around the state as he changed jobs, which meant I passed up opportunities at education and advancement - all of which was discussed each time. His job always came first. The separation came shortly after I decided it was time for me to have my own account and begin to expand my own opportunities.

The rest of the circumstances -- I think I will keep to myself as here there seem to be snap judgments without knowing all the facts.

I have my answer and I think it is time for me to be done here.

Thanks to those who were helpful and not immediately judgmental.

The OP does not provide much information related to occupation, potential for future income, earning ability, etc. I also found her wording about the house to be odd. She is hung up on the rental expense because she can't afford a PI. I truly don't understand her point.

However, she does say that there is a hearing at the end of September to address the above. She does write that it is to determine what he will pay "me" but presumably she understands that any attorneys fees and credit card debt are paid directly to the creditors which just leaves the alimony.

With $126,500 in household income and no children, that must be one heck of a tax bill without any mortgage interest to claim!
 

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