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Income and Expense Declaration Question.

Started by forthekids24, Apr 28, 2004, 05:59:02 PM

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forthekids24

DH and his ex are finally settling their marital debt (after 9 years)

They have negotiated a settlement, but are utilizing a lawyer to make sure the paperwork is written up properly.

DH filled out the Income and Expense Declaration and put my income as "unknown"  Which he really does not know what I make, and when he asked me for the purpose of including on the form, I refused to answer.

Ex's lawyer is having a fit over my income listed as "unknown".

1) Do I have to tell them what I make?

2) If not, what should DH tell the lawyer?

Thanks
FTK

socrateaser

>1) Do I have to tell them what I make?

Unless you have personally been suppoenaed and deposed under oath, or joined as a party to the action and under a demand for production or interrogatories, then no, "you" don't.

>
>2) If not, what should DH tell the lawyer?

Well, the issue is whether or not DH knows what your income is. If so, he must declare what he knows, if not, then the answer of "unknown" is the honest truth, and therefore it is the ONLY allowable answer.

Of course, if you file your tax returns as "married, filing jointly," then it would be trivial for your husband to obtain your annual income and enter it into the declaration. If you file "married, filing separately," then DH would be consistent in not "knowing" your income.

If he HONESTLY has no means of obtaining your income, then he could ask you and you could just lie to him, and whatever he heard would be the number that he would put on the form.

Having said all this, you need to decide if you want to make what may be a mountain out of a molehill. I'm not sure what you hope to gain by refusing to answer this question. I do understand your annoyance with the intrusion, however, because I've been there myself.

forthekids24

DH and his ex are finally settling their marital debt (after 9 years)

They have negotiated a settlement, but are utilizing a lawyer to make sure the paperwork is written up properly.

DH filled out the Income and Expense Declaration and put my income as "unknown"  Which he really does not know what I make, and when he asked me for the purpose of including on the form, I refused to answer.

Ex's lawyer is having a fit over my income listed as "unknown".

1) Do I have to tell them what I make?

2) If not, what should DH tell the lawyer?

Thanks
FTK

socrateaser

>1) Do I have to tell them what I make?

Unless you have personally been suppoenaed and deposed under oath, or joined as a party to the action and under a demand for production or interrogatories, then no, "you" don't.

>
>2) If not, what should DH tell the lawyer?

Well, the issue is whether or not DH knows what your income is. If so, he must declare what he knows, if not, then the answer of "unknown" is the honest truth, and therefore it is the ONLY allowable answer.

Of course, if you file your tax returns as "married, filing jointly," then it would be trivial for your husband to obtain your annual income and enter it into the declaration. If you file "married, filing separately," then DH would be consistent in not "knowing" your income.

If he HONESTLY has no means of obtaining your income, then he could ask you and you could just lie to him, and whatever he heard would be the number that he would put on the form.

Having said all this, you need to decide if you want to make what may be a mountain out of a molehill. I'm not sure what you hope to gain by refusing to answer this question. I do understand your annoyance with the intrusion, however, because I've been there myself.

forthekids24