Every couple going through a divorce is required to file an Income and Expense Declaration (Form FL-150). This is a request for spousal support (alimony), child support or attorney’s fees and accuracy in the disclosure is required by law. During divorce emotions and stress levels are usually both at fairly high levels. Sometimes one or both parties may make decisions that they would normally not consider. When a party going through divorce decides to lie about their income and expenses it can become a huge problem.
If you believe that your spouse is not telling the truth about their income or expenses, it is very important that you get in touch with an experienced California family law attorney immediately because it can be extremely difficult to prove that an income and expense statement is inaccurate.
How Might A Spouse Lie When Reporting Income Or Expenses?
- Individuals going through a divorce may lie about their income in order to avoid paying spousal support or child support.
- They may lie about their expenses so they can be awarded a higher amount of spousal support or receive more child support.
- In addition to putting inaccurate numbers down for income or expenses, omitting information is a form of lying. Some will leave spaces on the declaration blank hoping that their spouse won’t notice.
- Others will “forget” to attach the income verification documents.
- Still, others may respond to questions ambiguously instead of providing numerical info with answers like TBD or minimal.
Lying on an Income and Expenses Declaration is perjury. When perjury occurs, it can be considered fraud by the court. If an order has been made for spousal or child support based on the false info, an action or motion can be brought within 6 months of the perjury. Even if the judge has already made an order for support, the party who discovered the perjury can file a motion to get the order rectified. The motion to set aside a support order offers time to gather info to prove the perjury.
If you suspect that your ex lied on their income and expenses declaration, seek the assistance of an experienced family law attorney. They will be able to assist you in obtaining the info you need to prove your case and effectively present your case to the court. Methods your attorney may use to seek the necessary information include a formal question and answer session under oath, subpoenas issued to employers, banks or other people/entities who have information.
As soon as you discover that your spouse or ex lied on their income and expense declaration, contact an experienced California family law attorney at The Maggio Law Firm today so we can figure out your next step. There is a time limit that applies for filing a motion in response to perjury and you don’t want to miss your chance to correct the problem.