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Income and tax question for ya....

Started by United, Jun 21, 2004, 09:43:28 PM

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United

Hello,

We have a mediation report in our favor.  Mom objected to new recommended timeshare (70/30 dad).  Report was adopted, with summer timeshare for now (50/50).  Trial date set.

In her financial info which we subpoened we found two points of interest...

One, that she had a separate bank account which was used for deposits and she under-reported her taxable income by $25k both to us on her I & E and the IRS on her tax return.  

And two, she falsely claimed she was single in 2003 to claim Head of Household and she was not (her latest divorce was final in '04).  She also falsely claimed son lived with her "full time" in '03 (it was 50/50) for renters credit.

Also, this new info would change her income substantially if considered for CS purposes - but we don't really want to highlight the money issue, but instead her willingness to lie to the court (and the IRS).

1.  How best can we use the financial info we discovered?

Thanks a bunch for your thoughts!!  

socrateaser

>Also, this new info would change her income substantially if
>considered for CS purposes - but we don't really want to
>highlight the money issue, but instead her willingness to lie
>to the court (and the IRS).
>
>1.  How best can we use the financial info we discovered?

Don't bother trying to show a pattern of lying, unless the lies are material to your case. EVERYONE lies in court and every judge knows it. Of the facts you present, the material fact is that the other parent has misrepresented taxable income for the purpose of calculating the support obligation.

That's what you should present -- let the judge "see" the lies on his/her own.