Trial Witness?

[Sw3tflower]

What is the name of your state (only U.S. law)? Calif
My divorce trial is on Wed. It was a severe financial (plus emotional and physical) abuse marriage of 30 years. We had a forensic accountant make a report about personal, corparate and LLC finances since my husband says his income is 0$
Why do I need a witness to testify to the official forensic accountant's document? Isn't the document enough? My husband, the court and I all hired him. My husband did many illegal things and I need that evidence for the judge to see.
How do I find an accountant to testify? How much do they cost? My husband has TOTAL control of the money I have a pro Bono attorney. It's in Contra Costa County. What is the name of your state (only U.S. law)?

 

[Silverplum]

What is the name of your state (only U.S. law)? Calif
My divorce trial is on Wed. It was a severe financial (plus emotional and physical) abuse marriage of 30 years. We had a forensic accountant make a report about personal, corparate and LLC finances since my husband says his income is 0$
Why do I need a witness to testify to the official forensic accountant's document? Isn't the document enough? My husband, the court and I all hired him. My husband did many illegal things and I need that evidence for the judge to see.

It's because a piece of paper cannot testify or be cross-examined. The witness has to be there to verify the piece of paper.

How do I find an accountant to testify? How much do they cost? My husband has TOTAL control of the money I have a pro Bono attorney. It's in Contra Costa County. What is the name of your state (only U.S. law)?

I don't know, sorry.

 

[Sw3tflower]

witness

I am so screwed! I have been waiting 3 years since I filed the papers and abused for 30. Now I might as well forget it. The information in the forensic accountant's documents are the only thing that proves my financial situation. He says his income is $0.

 

[Silverplum]

I am so screwed! I have been waiting 3 years since I filed the papers and abused for 30. Now I might as well forget it. The information in the forensic accountant's documents are the only thing that proves my financial situation. He says his income is $0.

Won't the forensic accountant testify as to his/her findings??

 

[mistoffolees]

Won't the forensic accountant testify as to his/her findings??

That's what I was wondering. It wouldn't really do much good to have a different accountant testify, anyway, since they would have to repeat all the work in order to be able to testify to anything.

I guess the question is - how much did the forensic accountant find? If the report shows that stbx's income WAS close to zero, it's not worth fighting. OTOH, if it shows a substantial income, it's probably worth the cost of borrowing the money to have him testify.

The other factor to consider is money taken out of the business. Regardless of stbx's income, look for money taken out of the business. If large amounts of money were taken out, then stbx had better be able to account for them.

 

[Sw3tflower]

money

I can't afford to pay him to come in and testify.
Does that mean all that accounting work is no good to me?
It comes to several hundred-thousand dollars.
The accountant said the numbers don't add up and 'with the stroke of a pen' assets are made into debts. also the LLC is like a 'big black hole with money being sucked in and disappearing.'
The lifestyle is totally impossible to have with the income he makes.
He has all the money and I can't afford the accountant testify.

 

[mistoffolees]

I can't afford to pay him to come in and testify.
Does that mean all that accounting work is no good to me?
It comes to several hundred-thousand dollars.
The accountant said the numbers don't add up and 'with the stroke of a pen' assets are made into debts. also the LLC is like a 'big black hole with money being sucked in and disappearing.'
The lifestyle is totally impossible to have with the income he makes.
He has all the money and I can't afford the accountant testify.

Yep. You blew several hundred thousand dollars.

You really need to beg, borrow, or steal the money to get the accountant to come in to testify. Perhaps the accountant will work out a time payment schedule.

If your stbx is playing so fast and loose with the numbers, he may well be penalized severely for his actions - but only if you push the issue.

The only other alternative is to (with your attorney's guidance) disclose some key parts of the report to him (if he doesn't get it automatically) with a threat that your lawyer will ask the court to award you 100% of the business due to his actions. Maybe he'll come to some agreement before trial.

 

[Sw3tflower]

I read if the judge has just cause, he/she can enter the document into evidence without an expert to testify.
What would be considered just cause?
I have no money.
The report was written by a forensic accountant agreed upon by my husband, me and the court (the judge signed the papers)
It is an abuse case (which does not make a difference I suppose)
How can I get it entered into evidence? The judge signed the order to have a forensic accountant in the first place after seeing a document my husband wrote stating stating he was hiding money so he would not have to pay taxes on it.

 

[mistoffolees]

I read if the judge has just cause, he/she can enter the document into evidence without an expert to testify.
What would be considered just cause?
I have no money.
The report was written by a forensic accountant agreed upon by my husband, me and the court (the judge signed the papers)
It is an abuse case (which does not make a difference I suppose)
How can I get it entered into evidence? The judge signed the order to have a forensic accountant in the first place after seeing a document my husband wrote stating stating he was hiding money so he would not have to pay taxes on it.

It would cost you more to get that document entered into evidence (even if it were possible, which I doubt) than the cost of hiring the accountant to testify.

Frankly, you're being foolish. You've spent hundreds of thousands of dollars on a forensic accountant (your claim). Apparently, there's a great deal of money at stake. You'd rather let that all go to waste than come up with a few hundred dollars for the accountant to testify?

I'm sorry, but all the complaining in the world isn't going to change the fact. If the accountant found wrong-doing, then he/she needs to testify. The court will not accept the document without it. (accepting a document as evidence to order a forensic accountant is one thing. Accepting it to prove guilt is an entirely different matter - the standards of evidence are different).

Besides, if your husband admitted to falsifying records to evade taxes and the court ordered a forensic accountant on that basis, why didn't you ask the court to make him pay for the accountant?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Calif
My divorce trial is on Wed. It was a severe financial (plus emotional and physical) abuse marriage of 30 years. We had a forensic accountant make a report about personal, corparate and LLC finances since my husband says his income is 0$
Why do I need a witness to testify to the official forensic accountant's document? Isn't the document enough? My husband, the court and I all hired him. My husband did many illegal things and I need that evidence for the judge to see.
How do I find an accountant to testify? How much do they cost? My husband has TOTAL control of the money I have a pro Bono attorney. It's in Contra Costa County. What is the name of your state (only U.S. law)?

Oh and you had a forensic accountant as well. AMAZING.

 

[TheGeekess]

The OP is dated THREE years ago. Spammer must have brought it back to the top.

 

[Silverplum]

The OP is dated THREE years ago. Spammer must have brought it back to the top.

Not this time: OG is making a point. Causing her own Effect.

 

[Ohiogal]

The OP is dated THREE years ago. Spammer must have brought it back to the top.

OP brought up that she had NO CLUE what her husband earned or was earning until just now. Yet she had a forensic accountant. All the way back to 2006 she was posting about filing income taxes with him. I brought it back up to show how OP has selective memory of what she knew and when.

 

[Zigner]

The OP is dated THREE years ago. Spammer must have brought it back to the top.

No - OG is proving a point about this OP.

 

[Sw3tflower]

not enough evidence

No, OG is twisting words and reading between the lines, trying to make truths into lies. but without all the information needed. Her accusations are not based on enough information in order to make a decision if it's true or not. She is filling in all the spaces herself.