Couples Who Don't Want to Marry, But Want to Protect Assets

Child custody cases often involve financial considerations, including child support, which depends on the accurate reporting of each parent’s income. If you suspect that the other party is hiding income, proving it can be challenging but essential to ensure fair support for your child. Here’s how to approach this situation effectively.

1. Gather Documentation and Evidence

Tax Returns: Obtain copies of the other party’s tax returns for several years. Look for inconsistencies or unreported income.

Bank Statements: Review their bank statements for unusual deposits or transfers that don’t align with their reported income.

Pay Stubs: Collect their pay stubs to compare with their claimed income. Pay attention to bonuses, commissions, and other irregular payments.

Business Records: If they own a business, gather business financial records, including profit and loss statements, balance sheets, and expense reports.

2. Conduct Discovery

Interrogatories: Send written questions (interrogatories) that the other party must answer under oath about their income, assets, and financial activities.

Requests for Production: Request the production of financial documents, such as bank statements, credit card statements, and tax returns.

Depositions: Conduct depositions where you or your attorney can ask the other party questions in person, under oath, about their finances.

3. Subpoena Financial Records

Banks and Financial Institutions: Subpoena records from banks and other financial institutions to uncover hidden accounts or transactions.

Employers: Subpoena records from the other party’s employers to verify their income, including any bonuses or irregular payments.

Businesses: If they own a business, subpoena business records and accounts to check for underreported earnings or hidden income.

4. Hire a Forensic Accountant

Expert Analysis: A forensic accountant can analyze financial records for discrepancies and signs of hidden income.

Business Valuation: If the other party owns a business, the forensic accountant can assess its true value and profitability.

Testimony: They can provide expert testimony in court to support your claims of hidden income.

5. Monitor Lifestyle and Spending

Luxury Purchases: Document any luxury purchases, such as expensive cars, vacations, or real estate, that seem inconsistent with the reported income.

High Living Standards: Note their standard of living, including dining, entertainment, and other expenditures that suggest higher income.

Social Media: Check social media for evidence of lifestyle and spending that contradicts their reported financial status.

6. Legal Action for Non-Disclosure

Contempt of Court: If the other party fails to comply with discovery requests, you can file a motion to hold them in contempt of court.

Sanctions: Request the court impose sanctions, such as fines or adverse rulings, for non-disclosure or dishonesty in financial reporting.

Imputed Income: Ask the court to impute income, meaning they assign an income level to the other party based on their lifestyle, potential earnings, and evidence of hidden income.

7. Work with Your Attorney

Strategic Planning: Your attorney can develop a strategy to uncover hidden income and present evidence effectively in court.

Legal Procedures: They can handle the legal procedures for discovery, subpoenas, and motions, ensuring all steps are correctly followed.

Court Representation: Your attorney will represent you in court, arguing your case and presenting evidence to support your claims.

Please contact us today to determine your options legal options. Book your consultation today to start the process by clicking here or give us a call at 832-844-1677.

Attorney, Ashley Nicole Green is a  family, divorce, and child custody attorney who services clients in Houston, Harris, Fort Bend, Brazoria, Galveston, and Matagorda County! Contact the Law Office of A. Green today to schedule consultation!

You can always connect with us via phone 832-844-1677 or via email at agreenteam@lawofficegreen.com