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NSW Spouse Lying About Expenses - What will Happen in Family Court?

Discussion in 'Family Law Forum' started by Vinnie, 21 January 2016.

  1. Vinnie

    Vinnie Well-Known Member

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    My spouse declared that her income is lower than her expenses. I know that her expenses are not correct. She declared that she spent too much. She also has money from child support, too.


    What will happen at the family court when her income is found to be lower than her expenses?

    Thanks.
     
  2. AllForHer

    AllForHer Well-Known Member

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    What's the relevance? Is this a property matter? What's she trying to claim, spousal maintenance or something?
     
  3. Vinnie

    Vinnie Well-Known Member

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    It's about the financial statement for property and spouse maintenance.
     
  4. AllForHer

    AllForHer Well-Known Member

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    If she's filed this in her affidavit, contest it in your own. Point out which paragraphs you disagree with, highlight what reasons you have to disagree with them, and annexe the evidence to your affidavits, such as bank statements or whatever. You can question the other party under cross-examination as a way of testing the evidence at trial, as well, so don't stress too much about what she has included just yet since it won't be tested until trial. Be clear in your own affidavit about your income and living costs as well. If your income and living costs are not considered high-income, it's unlikely the court will make an order for spousal maintenance. It's a rare order anyway.

    In terms of what will happen, probably nothing. A person living in debt when they have the capacity to live within their means doesn't generally earn pity of the court. Not in my experience, anyway.
     

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