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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 06-27-2022, 08:39 PM
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Default Hiding income

Hi,
having an interesting case. I was ordered on temporary basis huge CS/SS during the case conference couple years ago, as my ex swore in affidavit that she had 0 income, and somehow judge agreed not to use her last year income. I was represented, but I guess counted on my counsel too much who said I should agree, or else they would bring a motion and I'll have to pay for motion as well.

1.5 years ago we had NFP, and there was a final order on NFP and the past support (I was ordered to pay arrears from separation date, despite we lived under the same roof).

Today I discovered that my ex has been working for multiple clients during the period covered in affidavit and was accepting cash for her work. I do have a proof that she did work, for whom and what projects. If this would get to trial her clients would become hostile witnesses as no one would want to admit they were evading taxes (HST), but I still can proof she did work.

So she lied in affidavit in order to get financial advantage i.e. support.

What would be realistic outcome I could count on for her misleading court/me and providing false information in affidavit?
The court would just recalculate the support/would ask her to return entire support, do nothing?

Any chances for me recovering legal fees say for the conferences we had, all support discussions etc.? I essentially will need to start it over as all discussions with my lawyer, court appearance etc. appeared to be based on false sworn data.
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Old 06-27-2022, 09:43 PM
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You would probably want to crunch the numbers on what the difference would be vs legal expenses to recoup what would probably be a portion of that - if you were successful. It would need to be substantial to be worth it.
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Old 06-27-2022, 09:53 PM
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Originally Posted by blinkandimgone View Post
You would probably want to crunch the numbers on what the difference would be vs legal expenses to recoup what would probably be a portion of that - if you were successful. It would need to be substantial to be worth it.
There are few issues here:

1. As she was earning cash (for which I do have proof) I can't know how much exactly she earned. It was more than 0, but it is not known how much.

2. My naïve understanding of legal system was that lying under oath is a big no-no, no matter she earned 5,000 or 5,000,000 - it still means she lied and how could I trust anything else she testified.

3. I spent insane amount of legal fees working with data that appeared to be wrong. If court would return me that (in addition to overpaid support) I think it would be fair, but I could be naïve again.
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Old 06-27-2022, 10:15 PM
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You wont get your legal fees back I believe. But you could request full disclosure including bank statements and credit applications to show cash deposits as well as what she was claiming her income.

BUTthat could cost a lot of moneyprobably in excess of $20,000 TO START. So you need to ask yourself if the amount of overpaid support (not legal fees) is worth that much plus some extra for timelines.
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Old 06-27-2022, 10:51 PM
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I did request disclosure, but there is a web of accounts, some of the statements missing etc., and realistically when she is earning cash, she isn't that not smart by putting it to the bank.

What I am unable to understand is why perjury isn't a crime. In theory it is, but in reality it doesn't seem to be.
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Old 06-28-2022, 07:55 AM
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It depends on your proof and how you approach it.

Plus, if she applied for a loan or credit, that application would show what she claimed her income was.
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Old 06-28-2022, 08:21 AM
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It depends on your proof and how you approach it.

Plus, if she applied for a loan or credit, that application would show what she claimed her income was.
yes I did that. She had few credit applications, and numbers there are way higher than her NOA, like many times higher. I don't exclude possibility she provided false information to credit companies too, as income reported with them is way higher than even I expected.
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Old 06-28-2022, 09:20 AM
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And thats what you can use as well. If she is telling credit card companies her income is that high then she is lying and you can dispute her claims she needs more spousal.

Child support is based on your income if you dont have shared offset. But spousal is based off need and if she is telling the bank she has money and it is not her spousal and child support funds then you can use that against her.

Have you spoken to a lawyer?
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Old 06-28-2022, 10:20 AM
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And thats what you can use as well. If she is telling credit card companies her income is that high then she is lying and you can dispute her claims she needs more spousal.

Child support is based on your income if you don�t have shared offset. But spousal is based off need and if she is telling the bank she has money and it is not her spousal and child support funds then you can use that against her.

Have you spoken to a lawyer?
We do have shared children, and one child even lives with me 100%, so there is clearly offset of CS, and based on her income declared for credit companies the spousal support is close to 0.
I did talk to lawyer, especially after I got the disclosure. His opinion the fact she lied won't matter till we get to trial, and trial is expensive.
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Old 06-28-2022, 11:59 AM
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Having her punished for lying is a waste of time and money.

I believe you could file a motion to update child support (and spousal if permitted) and provide the income information as proof to impute her. She may not be so inclined to spend your money without your permission.
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