Family Law

Family Court Rule 410 Disclosures

By January 26, 2017 No Comments

Family Court Rule 410 Disclosures Kerry StringerWe happened to get a hold of a scripted scene from the Kerry Stringer show. While the quality of people on the show is questionable, during this episode there’s some really helpful information about Supplemental Probate and Family Court Rule 401. If you’re in the middle of a divorce, you’re going to want to take a look at this.

Kerry Stringer – Episode 507


Kerry: Hello, and welcome back to the Kerry Stringer show. Breaking up is hard to do, but our guest today makes it look easy.  We’re here with Ally, who says that she wants a divorce from her sleazy husband Burt after she caught him maxing out her credit card on Pokemon Go in-app purchases.

[Audience boos loudly]

Kerry: Ally, why don’t you tell us a little about why you’re here?

Ally: Well Kerry, I knew that something was off when he started accidentally calling me “Nurse Joy”. And then he started leaving in the middle of the night to defend the gym. And now this… I told him it was either me or Pikachu.

Kerry: We have Burt backstage, who says that he loves Ally and his Pikachu equally, and wants the three of them to work it out. Burt, come on out.

[Burt comes out clutching a cell phone in one hand, backup battery in the other]

Burt: Ally, I know that we can work this out, and catch em all together.

[Audience boos loudly]

Ally: No Burt, we’re over.  You’ve made it clear who you’ve Pika-chosen.

Kerry: Well Ally, if you really to throw in the Pokeball on this relationship, the first thing that you’re going to need to do is your Rule 410 disclosures.

Ally: Kerry, what the **** are you talking about?

Kerry: Under Supplemental Probate and Family Court Rule 410, when a couple files for divorce, both people need to provide each other with certain financial documentation. It’s supposed to help everyone get on the same page about the couple’s finances and make it easier and quicker to divorce that video gaming son of a gun. 

Burt: But what kind of documents do we need to supply?

 Kerry: Within 45 days after Ally serves you with your divorce papers, you both need to give each other the last three years of your:

  • Federal and state income taxes (including W-2s, 1099s, 1098s, K-1s, Schedule Cs and Schedule Es;
  • Joint and individual bank account statements;
  • Statements for any securities, stocks, bonds, notes or obligations, certificates of deposit held for either your benefit or for your kids’
  • Statements for your 401(k), IRA, and pension plan
  • Copies of loan/mortgage applications made, prepared or submitted
  • Copies of any financial statement or statement of assets and liabilities prepared by either party

You’re also going to have to dig out your four most recent pay stubs, and any documentation about the cost and coverage of your health insurance

Burt: What if I don’t have some of that stuff? That sounds like it’s going to take a lot of time, I have eggs to hatch.

Kerry: You have to do your best to get all of it, but if you don’t have something, or can’t get it in a reasonable amount of time, you can write an affidavit under pains and penalties of perjury explaining what you don’t have, why you don’t have it, and what you’ve done to try to get it.

Ally: How can I trust this fool to give me the right information when I can’t even trust him not to spend our mortgage payment on PokeCoins?

Kerry: I hear you Ally, but perjury, or lying to the court, is pretty serious stuff. If the court finds out that Burt has been dishonest with any of his disclosures, he could be in for some hefty fines, or even jail time. Plus, as any new documents become available, he has a continuing obligation to supplement his disclosures.

Burt: You’re killing me Kerry. Please tell me that’s it.

Kerry: Sorry Burt, but under Supplemental Probate and Family Court Rule 401, both parties also have to fill out financial statements within 45 days of being served.

If you’re making under $75k a year, you have to fill out a “Short Form” Financial Statement, which isn’t quite as long. If you’re a Pokemon master like yourself and make over $75k, you’re going to need to fill out a “Long Form” financial statement, which is a little more detailed. The more gyms you own, the more pages you have to fill out.

Ally: Well maybe this idiot can’t fill out a form, but I know I’ll have no problem. It will only take me 5 minutes, right?

Kerry: Not so fast Ally. It’s really important to make sure that your Financial Statement is as accurate as possible. Take time to really figure out your expenses and income, and make a note if anything is an estimate. If you’re not sure of the value of one of your assets, get some help from an accountant or an appraiser. Remember, the judge is going to use these numbers when she decides how much money you’re getting after the divorce, and you don’t want to give your ex a chance to say you’re trying to hide something.

Burt: What if I still need help?

Kerry: It’s perfectly fine to ask your lawyer about anything that you don’t understand about mandatory disclosures. That’s what you’re paying them for!

That’s all the time that we have for now, but stay tuned for a woman who says her Kimoji addiction cost her her job.

To see the full text of Rule 410, click here: here.

For Rule 401, click here.

For all the Probate Court forms you’ll need, including long and short form financial statements, click here.

 

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