I subpoena’d 2008 and 2009 financials in November. The due date came and went. I received maybe 1/16 of the items requested at the end of December. Early January, attorneys had a pre-trial conference, where the judge imputed income and basically said how she would rule on all the custody topics we have stalled on in our custody/support order.
The order was drafted per the judges guidelines and my ex will not sign it and is still claiming his income is less but will not provide documentation. I think he is stalling because he knows it will be forever before we get a court date and he is manipulating his income, self-employed.
My question is, now that we are in 2010 and it could be 6 or more months before we go to court, how relevant will the 2008/2009 data be if I ever get it? Should I pay the attorney fee to have her RE-subpoena 2010 documents, if i can even do that? And when should I do that? It is like a moving target.
I have no idea when our case will ever get heard as the ball is in his court and our case was taken off the calendar pending his response to the judges guidelines. He and his attorney have not requested a new court date as of yet.
Second question, the suit was initially filed by him in September 09, but has been removed from the calendar twice, first we were going to settle and then removed after the pretrail hearing.
I am asking for retroactive support from September 09 forward, whenever the new amount is nailed down. Is this acceptable/standard?
Lastly, what can I do to stop the stalling? How can I get this moving forward? I don’t know what to tell my attorney to do. 3 weeks have passed since the pretrial conference.