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Okay, then my only remaining question really is how do I obtain an accounting of it?  I know I could write my own attorney and ask for an itemized accounting of it, but I didn't have one.  Can I ask opposing counsel?  Well I know I can ask -  do they have to produce it?

Thanks!

Okay - but can an attorney obtain the funds from marital assets that are still in dispute?  She paid herself well before it there was a settlement on the disputed funds.

I have zero accounting of what happened to the proceeds/marital assets.

During my divorce (filed 2001, final 2003) I eventually ended up broke and pro se.  My ex and her attorney cleaned my clock financially.  

Well I know better NOW, and have undone a lot of the legal damage.  My question is, how do I go about obtaining financial records from her attorney? Or can I?

We had joint funds - proceeds from the marital home - that were quite substantial.  I ended up with none of it, of course.  There were debts to be discharged, all sorts of things that didn't happend the way we all agreed.

Now here I am wanting to review that (because of new information regarding the debts, etc.) financial history.  Only her attorney had access to those funds.

I believe her attorney paid herself her atty. fees out of the escrow account while those funds were in dispute.

My questions:

1.  How do I request an itemized accounting from her attorney?  Or can I?

Thanks!

Wish we were in your area - I'd be happy to pay you to do it.  Will get local counsel on the job, then.

UCCJEA is a wonderous thing!

Mother is CP and has duel citizenship with a former USSR/non Hague country.  Child has a passport already.

We've been told we can move to make mother post a substantial bond before taking the child out of the country for visits to eastern europe.  She has threatened to remove the child to the foreign country before.  There is a restriction against MOVING out of the US in our settlement, but not against travel.  We're looking to make her post bond for travel - to prevent her from leaving the child with relatives overseas.

1.  Do we motion in family court where our settlement is registered, or

2.  Do we do it in a federal court or some other forum?

3.  Is there a site or article that you can point us to that will explain the procedure? I read the UCCJEA stuff on Sparc and can't find it.

Thanks always!

Excellent!  I'm off to play with the CS guideline calculators.

Thank you so very much!

And again - I cannot stress enough to anyone reading - this site - Socrateaser, the forums, the ARTICLES! All the resources here, have been very, very instrumental in helping us prevail over a vicious, alienating BM.    It can be done.   Best to all, and thank you again, Socrateaser!

Okay - understood.

There was a UCCJEA hearing in fall 2006, that is the hearing where the income testimony came in [via bragging, no less].  OR retained "home state" jurisdiction.

  The settlement is in final form on the OR judge's desk.  It isn't registered in either party's new state yet.  The settlement contains a credit reducing the CS, and so it will be recalculated in OR immediately anyways to reflect the settlement.

We figure might as well rectify it all in one calculation.

Hadn't considered filing it HERE.  The original dissolution is registered here as well as in her state.

1.  If we do file Admin CS mod here could she move to have it heard in her state?  It wouldn't involve custody modification at all, but she has primary custody so her state will become the 'home state" eventually.

We have been through three years of battle and be/c of SPARC and good counsel we prevailed.  We're a little burnt on litigation and hope an admin will do the trick.

Thank you - wow - lightning fast response!

May I email you with a specific detail? I hesitate to post it because it will definitely identify the case.

Case is in Oregon.  CS was modified in 2004.  Custody Mod filed in early 2006 just settled.  I am now filing an Administrative CS Mod downward be/c Mother changed jobs and testified earlier this year her income has practically doubled, and with the settlement my parenting time is substantially increased.  So her new income is on record in OR.

The tricky part is that I don't live in OR and mother since moved to another state as well.  

In my packet for the administrative hearing I can use her own testimony in OR court this year about her new income as evidence of it.  However, she is a high level executive with an international company and I am certain she will also receive a bonus around 20-25% of her income and has a healthy benefits package.

OR won't or can't subpeona her in her new state.  The Admin Hearing Dept. can request she provide evidence of her income and, if she won't [which is likely] they can use her testimony, so I know the base salary will go in.  Can I just factor in her bonus in my paperwork and leave her to dispute it, or do I need to obtain evidence of an exact number?  The bonus is likely around $35,000, so it makes a bit of an impact on the CS Calculator.

I am wondering if I should or could:

1.  Claim it and make her dispute it with evidence
2.  Provide some kind of bolstering evidence - like a salary report for comparable jobs with comparable companies?  Would that help?

Thank you so much in advance!