I was divorced 3-1/2 years ago. Since then, my attorney has been trying to get my ex to comply with discovery. 6 months ago, on my attorney’s suggestion, I used a CPA that had done work for him in the past. Eventually, she received the documentation from my ex and from that, she prepared a report which was inaccurate and incomplete. She did not mention that my ex was receiving additional income as rent and/or commission. Shortly after receiving the report, we appeared in court. The judge (he was not familiar with our case – we had been before him one time three years ago) ruled that because our case has been going on too long and that he was going to hear and rule in 6 weeks. Now, after 4 years, documents are available and I am trying to get a complete and accurate report done by another CPA. I only want what is fair. My ex avoided producing for nearly 4 years. I on the other hand, have produced each and every time. Yet, I feel that I’m being punished by the court not giving me enough time, especially during these holidays, to get a qualified CPA to generate an accurate report. On the other hand, my ex is rewarded for not producing which resulted in a much lower valuation. Do you see any options for me other than an appeal based on the unfairness of a judge ruling on ED and Child Support without allowing time to obtain an accurate and complete evaluation? How can a judge decide what is fair if evidently does not want accurate numbers? It is not my fault that the courts would not use stronger measures over four years to get the ex to produce. Thanking you in advance.
You can ask for a continuance- but I see no grounds for appeal of the ED case if one is not granted. 6 weeks may not be ideal, but it would not be impossible for you to get prepared in that amount of time. You will have to do the best you can, and make sure the judge is aware that your ex has failed to provide you with his complete financial information.