nondisclosure discovered after CS review

[HPIvictim]

CP took me to court May 07 to increase CS. I went Pro Se and we were satisfied with the outcome.

Both parents are remarried and all 4 parties are w2 wage earners making decent wages. My wife felt the I&E seemed strange since CP was claiming over $1000/mo more in actual expenses than she could possibly be netting.

We have been divorced 7 years and I have never requested her tax returns. This year my wife (an accountant) wanted to take a look at them, but served them only 15 prior to court. CP did not produce tax return at court, but did produce it on the 30th day, which was last Friday.

CP never disclosed the fact that her and her husband started a business June 05 (photography, graphic design – they are both in same field) and purchase 2 of everything (desks, computers, chairs, cameras, etc) on start up date. The Schedule C on the tax return shows a net loss of $800, but if you remove the 20% home office deduction and depreciation its more like 9k.

Obviously there was nondisclosure on her court financials. We are CA and support is only calculated on bio parents, but step parents are used to determine net only.

We want to do discovery for bank statements and such to determine if they are reporting all their income, since even with the business income they still could not be covering their I&E stated actual expenses. We suspect that there is a whole lot of shady numbers being used (in the tax return as well as court financials). This is 100% in line with how CP operates.

We also feel that since the other party was dishonest they should be responsible for our attorney costs. I can represent myself in a support review, but all this discovery and nondisclosure is way over my head.

Anyone else experienced this scenario or have advice?

I suspect that my support should not have increased as much as it did if at all.

[HelpingHands]

No experience here, but I'd like to put out a few what if's.

Are you allowed to appeal a child support decision within an alloted time period?

What if you appealed the decision based on the newly discovered facts, could you handle that case?

What if you turned over the information to the child support division and asked for an appointment to review information?

I don't recall whether you said your state is a shared income state or not, but what if you prove she is hiding income- wouldn't that increase the 'pool' and therefore cause your CS to go up?

Maybe you should call the court house, explain the situation and go from there. Maybe call to talk to the DCSE attorney and ask for their help in the matter. I wouldn't let her get away with falsifyng info to get more $$ out of you. IRS might be interested to know they are falsifying tax returns, as well.

[HPIvictim]

>No experience here, but I'd like to put out a few what if's.
>
>
>Are you allowed to appeal a child support decision within an
>alloted time period?

We just got out of court May 24th and just got the tax return June 8th, I am not worried about any deadlines at this point.
>
>What if you appealed the decision based on the newly
>discovered facts, could you handle that case?

No I would hire an attorney and request reimbursement of my legal fees, considering I am the party who was misled in the originial evaluation.
>
>What if you turned over the information to the child support
>division and asked for an appointment to review information?

I have never heard of this. The only relationship I have with CSE is them withholding the support from my payroll (required in my county). I was not aware I could ask them to lower my support?
>
>I don't recall whether you said your state is a shared income
>state or not, but what if you prove she is hiding income-
>wouldn't that increase the 'pool' and therefore cause your CS
>to go up?

No, the reverse would happen and my CS would be lowered. If by "pool" you mean the number the state decides the kids get from both parents, it would only increase her side. I was 100% honest my 'pool' share would not change. CA bases CS on net income and adjusts for timeshare.
>
>Maybe you should call the court house, explain the situation
>and go from there. Maybe call to talk to the DCSE attorney and
>ask for their help in the matter. I wouldn't let her get away
>with falsifyng info to get more $$ out of you. IRS might be
>interested to know they are falsifying tax returns, as well.

I want to do the discovery. I want to see exactly what else she is hiding. I do not trust her tax return, anymore than I should have trusted her I&E, and definitely no more than her 'word'.

I did find this article on the American Bar Association:

http://www.abanet.org/family/newsletters/2005/Feb_EthicalDilemma.pdf

This leads me to believe that I *could* just inform her attornye (she had representation) and he would be obliged to have the financials corrected. But I do not want her financials adjusted to her tax return, because I do not trust her tax return is accurate either.

Her attorney was a snake in court, we had to take one issue in front the judge and she totally sided with me. At this point I do not want a half azz fix, I want her financial records to be as accurate and honest as mine.

It is really not even about the CS amount. It is about the constant LYING and GREED and PAS. Her attorney kept offering me "deals" to save me CS, I looked him straight and told him "I will pay whatever I have to pay". He got the oddest look. I do not wish to skirt my responsibilities, but I also do not want to allow this person to cheat the entire system and get away with it and REWARDED for it.