False Income and Expense Declaration

[Kelevra]

What is the name of your state? California

Question - My (Ex) filed their Income and Expense Declaration with the court. My lawyer got a copy and I know there’s some serious income money not reported? Can my Ex redo and re-file a new Income and Expense Declaration before the Custody and Child Support hearing in a few weeks?What is the name of your state?

 

[Silverplum]

What is the name of your state? California

Question - My (Ex) filed their Income and Expense Declaration with the court. My lawyer got a copy and I know there’s some serious income money not reported? Can my Ex redo and re-file a new Income and Expense Declaration before the Custody and Child Support hearing in a few weeks?What is the name of your state?

Yes, your X could redo it. But how will you make him redo it? Everyone, it seems, "lies" on those declarations...the problem is getting the truth without hiring a forensic accountant.

 

[CourtClerk]

Yes, they can file a million I&E's, but as SP has said, how are you going to make them.

BTW...my ex lied BIG TIME on his. The only difference was I could prove it. The judge was not happy... but in the end, I was

 

[Silverplum]

Yes, they can file a million I&E's, but as SP has said, how are you going to make them.

BTW...my ex lied BIG TIME on his. The only difference was I could prove it. The judge was not happy... but in the end, I was

Yep, if you can PROVE an entry is wrong, the judge will (often) change it. BTDT.

"Proof" does not consist of, "I just know it's wrong!"

 

[gigi727]

false income and expense declaration

What is the name of your state? California

Question - My (Ex) filed their Income and Expense Declaration with the court. My lawyer got a copy and I know there’s some serious income money not reported? Can my Ex redo and re-file a new Income and Expense Declaration before the Custody and Child Support hearing in a few weeks?What is the name of your state?

Have your attorney get the x's current pay stubs and bank statements to validate/prove your suspicions.

 

[Ohiogal]

Have your attorney get the x's current pay stubs and bank statements to validate/prove your suspicions.

Please shhhh... current pay stubs and bank statements may not prove anything. And there are dozens of reasons why it will NOT work.

 

[casa]

What is the name of your state? California

Question - My (Ex) filed their Income and Expense Declaration with the court. My lawyer got a copy and I know there’s some serious income money not reported? Can my Ex redo and re-file a new Income and Expense Declaration before the Custody and Child Support hearing in a few weeks?What is the name of your state?

My question (in order to respond better) is this: How do you know it's not accurate information?

 

[jbowman]

I am in CA and this happened in my case. An Income and Expense declaration was filed that was RIDICULOUS. It showed that my x was making less than minimum wage. My attorney said to the judge in court "we do not agree with this and ask that further proof be provided". The judge took a look and continued our court date, giving the x time to provide his 1099's and tax returns and proof of all his expenses. We came back and all he provided were his 1099's and tax returns that he had prepared 5 days before at H&R Block--no proof of even filing them with the IRS.

The judge accepted all this and CS was ordered based on his tax returns. I still dont believe they were accurate but there was nothing I could do aside from hiring a forensic accountant.

 

[Kelevra]

My question (in order to respond better) is this: How do you know it's not accurate information?

Their company’s payroll records, pay stubs and other legal documents, they refuse to provide tax records!

But, how is it presented to the Judge on the court date?

 

[CourtClerk]

Their company’s payroll records, pay stubs and other legal documents, they refuse to provide tax records!

But, how is it presented to the Judge on the court date?

Who won't provide tax records? The IRS and the FTB? Because I'm sorry to tell you, they don't HAVE to provide tax records to you. You are not entitled to that information. Sure, there is a way to get them (I did), but you have to go about it the right way and chances are they aren't going to be sending them directly to YOU. People (even CS cheats) still have a right to privacy.

I&E's go into the case file. The judge will review it shortly before he goes on the bench. His computer on his desk has a dissomaster on it running, he can plug in the numbers. If your case is being handled by CSSD, CSSD will run the dissomaster before the hearing and just present the numbers. The judge goes with it.

 

[Kelevra]

I&E's go into the case file. The judge will review it shortly before he goes on the bench. His computer on his desk has a dissomaster on it running, he can plug in the numbers. If your case is being handled by CSSD, CSSD will run the dissomaster before the hearing and just present the numbers. The judge goes with it.

Thanks for the infor, my Ex will not provide their Fed taxes of 2006, because they own other income property and masking a bank loan for it as a personal loan.
What's is exactly the CSSD Dissomaster??

 

[CourtClerk]

Thanks for the infor, my Ex will not provide their Fed taxes of 2006, because they own other income property and masking a bank loan for it as a personal loan.
What's is exactly the CSSD Dissomaster??

Child Support Services Department (the equivalent to Child Support Enforcement in other states)

The Dissomaster is one of the 3 programs legally licensed to calculate child support in the state of California, but the most popularly used. The other 2 are used in the smaller counties and the numbers are more or less the same, but the state did recognize that the numbers differ, but not by that much (usually a few dollars - literally a few dollars), so it didn't make much of a difference. The Dissomaster is the calculator that is running on the State Child Support website.