Ex caught under reporting income

[c.sweeney]

What is the name of your state (only U.S. law)? PA

I am the custodial parent of 2 children, ages 10 and 11. My ex just got married a few months ago and 2 weeks after the marriage got conveniently laid off and successfully filed to have his support reduced. I did some snooping and found that he'd actually held 2 jobs after the "lay off" that he didn't report to the court. I also discovered that he'd been underreporting income the past five years to both the court and the IRS to the tune of about $50,000 per year for the past 5 years by failing to report commissions. He'd managed to successfully file for reductions at least once per year during that 5 year period. All of my claims have been proved via subpoenas to the employers. A master ordered him to provide OSR with his IRS returns from 2006 forward and he didn't do it. The results of the subpoenas are going to be presented in court in 2 weeks. What is going to happen?

 

[Proserpina]

What is the name of your state (only U.S. law)? PA

I am the custodial parent of 2 children, ages 10 and 11. My ex just got married a few months ago and 2 weeks after the marriage got conveniently laid off and successfully filed to have his support reduced. I did some snooping and found that he'd actually held 2 jobs after the "lay off" that he didn't report to the court. I also discovered that he'd been underreporting income the past five years to both the court and the IRS to the tune of about $50,000 per year for the past 5 years by failing to report commissions. He'd managed to successfully file for reductions at least once per year during that 5 year period. All of my claims have been proved via subpoenas to the employers. A master ordered him to provide OSR with his IRS returns from 2006 forward and he didn't do it. The results of the subpoenas are going to be presented in court in 2 weeks. What is going to happen?

No clue.

Crystal ball is out of order.

Seriously Mom - nobody here can guess what's going to happen. He might end up with huge arrearages, he might not. He might face criminal penalties, he might not.

 

[mistoffolees]

What is the name of your state (only U.S. law)? PA

I am the custodial parent of 2 children, ages 10 and 11. My ex just got married a few months ago and 2 weeks after the marriage got conveniently laid off and successfully filed to have his support reduced. I did some snooping and found that he'd actually held 2 jobs after the "lay off" that he didn't report to the court. I also discovered that he'd been underreporting income the past five years to both the court and the IRS to the tune of about $50,000 per year for the past 5 years by failing to report commissions. He'd managed to successfully file for reductions at least once per year during that 5 year period. All of my claims have been proved via subpoenas to the employers. A master ordered him to provide OSR with his IRS returns from 2006 forward and he didn't do it. The results of the subpoenas are going to be presented in court in 2 weeks. What is going to happen?

My crystal ball is broken.

He could get into a lot of trouble or he could get his hands slapped.

 

[Isis1]

i thought mine was working....but then i found out the kids took it with them into the bath.... it's leaking water everywhere.

 

[I'mTheFather]

i thought mine was working....but then i found out the kids took it with them into the bath.... it's leaking water everywhere.

If you stick in a sealed bag with lots of rice, you might be able to save it.

 

[Isis1]

If you stick in a sealed bag with lots of rice, you might be able to save it.

dude. i totally used up all my rice this evening!

 

[Proserpina]

dude. i totally used up all my rice this evening!

Didn't save me any darned ceviche either, didya? Le sniffle.

 

[Isis1]

Didn't save me any darned ceviche either, didya? Le sniffle.

oh the rice was for the kids! i still have LOTS of ceviche left over!

 

[Proserpina]

oh the rice was for the kids! I still have lots of ceviche left over!

<--- is a grown-up.

 

[c.sweeney]

The ex also failed to report a $25,000 commission he'd received about a month after his lay off (from the employer who laid him off). He'd engineered the situation so he would't receive this commission until about a week after he'd successfully filed for his child support reduction. He didn't report it on subsequent court date either a month later. He's also collecting unemployment compensation this whole time (6 months now) while working commission only jobs. He didn't report the $25,000 to UC either, but maybe that's not required if he earned it prior to lay off. Should he have reported the $25,000 to the child support court?

 

[Ohiogal]

The ex also failed to report a $25,000 commission he'd received about a month after his lay off (from the employer who laid him off). He'd engineered the situation so he would't receive this commission until about a week after he'd successfully filed for his child support reduction. He didn't report it on subsequent court date either a month later. He's also collecting unemployment compensation this whole time (6 months now) while working commission only jobs. He didn't report the $25,000 to UC either, but maybe that's not required if he earned it prior to lay off. Should he have reported the $25,000 to the child support court?

So do you have ADMISSIBLE evidence that you can properly have admitted into evidence that proves everything?

 

[mistoffolees]

The ex also failed to report a $25,000 commission he'd received about a month after his lay off (from the employer who laid him off). He'd engineered the situation so he would't receive this commission until about a week after he'd successfully filed for his child support reduction. He didn't report it on subsequent court date either a month later. He's also collecting unemployment compensation this whole time (6 months now) while working commission only jobs. He didn't report the $25,000 to UC either, but maybe that's not required if he earned it prior to lay off. Should he have reported the $25,000 to the child support court?

You're required to report everything to the court that the court requests. Check the documents - it should say what he was required to report. Presumably, that includes all income from all sources, but you have the documents.

 

[c.sweeney]

So do you have ADMISSIBLE evidence that you can properly have admitted into evidence

To answer this question - yes, I do believe it is admissable evidence. But I'm no attorney so what do I know. I have this information via subpoena's to his employers. What led to the subpoena's being sent - how I found out about the hidden income and employers is a different matter.

 

[Ohiogal]

To answer this question - yes, I do believe it is admissable evidence. But I'm no attorney so what do I know. I have this information via subpoena's to his employers. What led to the subpoena's being sent - how I found out about the hidden income and employers is a different matter.

Subpoenas do NOT mean that the evidence is admissible. Most if not all may be kicked out due to being HEARSAY. There are ways of rectifying that -- having the person who prepared the documentation subpoenaed to testify for instance or SOMETIMES having copies which are CERTIFIED.

 

[c.sweeney]

Subpoenas do NOT mean that the evidence is admissible. Most if not all may be kicked out due to being HEARSAY. There are ways of rectifying that -- having the person who prepared the documentation subpoenaed to testify for instance or SOMETIMES having copies which are CERTIFIED.

Then I have no idea if the evidence is admissible. He did admit in court to the OSR attorney that he hadn't reported all of his income for the past 5 years. Then when he was asked to submit his IRS tax statements to OSR he didn't comply -at least not so far. He's got another week, but I doubt he'll comply because he didn't report his commissions there either. All I've got is his admssion and what came in on subpoena. Plus a very good very experienced attorney.