Results 1 to 10 of 10
  1. #1
    Join Date
    Oct 2007
    Posts
    5

    Default Hiding Income in Foreign Assets

    My ex husband has been hiding money by buying property in foreign countries. I have recently got proof of this. He funds money from his business in US. In US he shows he has very small income, but channels the money to foreign assets. This reduces his child support very much.
    1) Does this constitute fraud - what is the worse that can happen to him if this is proved.
    2) If I am able to prove conclusively that he lied and did not disclose his foreign assets, can I claim child support for past years at new rate.
    3) How else can I sue him?
    Thanks

  2. #2
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Hiding Income in Foreign assets

    Jurisdiction is New Jersey

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hiding Income in Foreign assets

    Petition for retroactive child support based upon his underpayment due to fraud, and submit your documentation to the court.

  4. #4
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Hiding Income in Foreign assets

    thanks. What kind of punsihment can be due to him because of the fraud. what does mostly happen?
    Secondly can one aplly for retroactive shild support for last eight years?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hiding Income in Foreign assets

    If you wish to try to have him held in contempt or sanctioned, you can try that. I would suggest getting help from a lawyer. I won't promise what, if anything, the judge will do.

    If you have proof that the fraud has continued for eight years, submit your proof to the court and ask for the modification to be retroactive for that entire time.

  6. #6
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Hiding Income in Foreign assets

    Thanks. What kind of lawyer should I approach for such fraud case? Will it still be a family(divorce, child support) lawyer?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Hiding Income in Foreign assets

    A family lawyer should be able to assist you with child support matters.

  8. #8
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Hiding Income in Foreign Assets

    You'll definately need an attorney for this. Depending on what the assets are, he might claim that they are business related, so an attorney is going to be a must have.

    Also, The only way that fraud will be involved is if you can prove that he had these assets at a time when the CS was first ordered or modified. In other words, if he did not have these assets at a time when CS was in litigation, it might not be fraud. If he gained the assets at a time when there was nothing being litigated, he might not have been under any legal obligation to disclose the assets, and that would not be fraudulent. It depends mainly on what the assets are, when they were bought, and whether or not your court order requires both parties to automatically disclose any increases in income and assets.

  9. #9
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Hiding Income in Foreign Assets

    Thank you for taking time to help me.
    One more clarification- a family lawyer will also handle the fraud case?

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Hiding Income in Foreign Assets

    The family lawyer you hire to raise the issues of fraud within the support proceedings should do exactly that.

    1. Sponsored Links
       

Similar Threads

  1. Collection and Enforcement: Trying to Attach Foreign Assets Under the Foreign States Immunities Act
    By shaoline in forum Civil Procedure
    Replies: 1
    Last Post: 06-10-2016, 01:33 PM
  2. Asset Protection: Hiding Assets from Creditors by Placing Them in a LLC
    By exegesis_saves in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 05-02-2014, 01:10 PM
  3. Establishing an Order: What to Do if a Parent is Intentionally Underemployed and Hiding Assets
    By GA_Mom in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 03-25-2014, 06:40 AM
  4. Probate Court Procedure: Widower is Hiding the Will, Distributing Assets
    By Cp1 in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 12-16-2012, 10:31 AM
  5. Garnishment and Execution: Protecting or Hiding Assets from Execution
    By douglasrwalters in forum Civil Procedure
    Replies: 2
    Last Post: 03-01-2012, 07:24 PM
 
 
Sponsored Links

Legal Help, Information and Resources