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A contractor wants me to help him save money on child support

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smutlydog

Member
Texas
A contractor wants me to help him save money on child support. He is finalizing a divorce and suggested that I underpay him on paper to help save money on child support. I have no intention of doing this because I will go ahead and assume it's against the law. As the saying goes if something doesn't seem right it probably isn't. Can someone tell me what specific laws I would be breaking? When I tell him no I want to back up my answer with a little knowledge.

Thank you in advance
 


Bali Hai Again

Active Member
Texas
A contractor wants me to help him save money on child support. He is finalizing a divorce and suggested that I underpay him on paper to help save money on child support. I have no intention of doing this because I will go ahead and assume it's against the law. As the saying goes if something doesn't seem right it probably isn't. Can someone tell me what specific laws I would be breaking? When I tell him no I want to back up my answer with a little knowledge.

Thank you in advance
Other than conspiracy to commit fraud I can’t think of any other laws you would be breaking.
 

adjusterjack

Senior Member
Texas Penal Code Title 8 Chapter 37 - Perjury and Other Falsification

Sec. 37.02. PERJURY. (a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor.

Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement:
(1) is made during or in connection with an official proceeding; and
(2) is material.
(b) An offense under this section is a felony of the third degree.

Sec. 37.101. FRAUDULENT FILING OF FINANCING STATEMENT. (a) A person commits an offense if the person knowingly presents for filing or causes to be presented for filing a financing statement that the person knows:
(1) is forged;
(2) contains a material false statement; or
(3) is groundless.
(b) An offense under Subsection (a)(1) is a felony of the third degree, unless it is shown on the trial of the offense that the person had previously been convicted under this section on two or more occasions, in which event the offense is a felony of the second degree. An offense under Subsection (a)(2) or (a)(3) is a Class A misdemeanor, unless the person commits the offense with the intent to defraud or harm another, in which event the offense is a state jail felony.


PENAL CODE CHAPTER 32. FRAUD (texas.gov)

The above incriminates of him. The below incriminates you:

Title 2 Chapter 7 - Criminal Responsibility for the Conduct of Another

Sec. 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER. (a) A person is criminally responsible for an offense committed by the conduct of another if:
(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense;


PENAL CODE CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER (texas.gov)

Not to mention the likelihood of civil fraud, contempt of court and hell hath no fury like a woman scorned.

You shouldn't even have to explain anything to him. Just say "no" and get another contractor.
 

Taxing Matters

Overtaxed Member
Texas
A contractor wants me to help him save money on child support. He is finalizing a divorce and suggested that I underpay him on paper to help save money on child support. I have no intention of doing this because I will go ahead and assume it's against the law. As the saying goes if something doesn't seem right it probably isn't. Can someone tell me what specific laws I would be breaking? When I tell him no I want to back up my answer with a little knowledge.

Thank you in advance
In addition to fraud, you may also end up a party to federal tax evasion as well. For the contractor's scheme to work, he would need to not report the income, which amounts to tax evasion. And you may create tax problems for yourself as well if that work is either a deduction for you or an addition to basis for the property on which the work is done. I can think of lots of ways you might get bitten by agreeing to do what the contractor asks and not a single reason why it would benefit you to do it.

He owes child support and he deprives his children when he doesn't pay it. As far as I'm concerned, his attempt to avoid that obligation makes him scum. But that's just my two cents on the morality of it.
 

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