WisRes
journeyman
Reged: 06/15/10
Posts: 62
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My stbx has hidden income/assets that I didn't discover until a couple of days prior to the temp hearing. I intend to file form 3949 A - Department of the Treasury – Internal Revenue Service Information Referral for tax evasion against him as well as innocent spouse for myself, but not until the final hearing. My question is, how does that affect asset division at my final hearing? Do I request the judge leave the property/asset division open based upon the findings of the IRS? I have no idea how much he has stashed, but I'm guessing it's at least as much as he submitted for income taxes, so maybe $100,000.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6495
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If you know now, why would you wait until the final hearing to get the ball rolling ?
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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I'm waiting to hear from my lawyer what's the best way to handle it. If I file for tax evasion now, I'll never get him into court for a final hearing. He's a master at avoiding things and postponing things. I can't buy a house and move on with my life at all until I get the divorce done.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30378
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If you were aware of it BEOFRE the temp hearing, why did you not bring it up, so it would be on the record?
Also, if you contact the IRS, they will freeze the assets until they audit it, and he will have a chunck of it taken. If it was accumulated during the marriage, any liability is your as well. If he can prove that you were AWARE of it during the marriage, you are just as guilty of evasion, and could face a penalty as well.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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I was going with my lawyer's advice on when to bring it up. He did not want to bring it up at the temp hearing. A second lawyer I spoke with today, said it needs to be brought out in the open now. I understand it's my liability as well. However, I will be filing innocent spouse and let's just say "the proof is in the pudding". It will be blatantly obvious to the IRS and anyone else, I had no knowledge of it. I think it's being deposited into an account in his dad's name at his dad's address. Nice, eh? I asked the lawyer, don't people usually hide debt rather than assets? She said it's about 50/50 and it happens in almost every divorce she has seen. Holy cow, really? I admit, I was naive and way too honest.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20191
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"I asked the lawyer, don't people usually hide debt rather than assets? "
Why would you hide debt during a divorce, wouldn't you want the other party to help pay for it, as opposed to assets that you'd have to share? Not that I'd recommend either, but hiding debt doesn't make sense to me at all.
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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Sorry, I didn't mean to hide it during the divorce but to hide the debt during the marriage.
Here's another dumb stbx story....I got a subpoena today from my stbx for his owi that he's taking to trial! REALLY?? I almost fell off my chair. I almost fell off my chair laughing!! I know enough about what happened to get him more of a conviction, not less!
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Just beware that if you have a child support order or alimony, and he does some jail time, become unemployed or unemployable, it may heavily cost you and/or the child long term.
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WisRes
journeyman
Reged: 06/15/10
Posts: 62
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There are no children and he is the one trying to get maintenance from me. I fired lawyer number 1 today and will see number 2 in a couple of weeks. What a mess. The lawyer I had today had some totally ridiculous ideas. Glad he is gone....
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