Q: What happens when petioner didn't submit another bank acct. With the mandatory financial disclosure.
It was an eft joint tax return. He was asking to be used to pay off joint debit
A: Knowingly misstating information on a JDF 1111 MAY result in a reopening of a closed case, sanctions (including attorney fees for the other side), and other potential penalties. The more extreme the amount "hidden" and degree of knowingly misstating results in a higher probability of sanctions. If the case in ongoing, the disclosure should be corrected ASAP.
A: If it was a joint account as you state, it should have been disclosed on your SFS. There are remedies for failure to disclose unknown assets. They may not apply if you knew about the account, even if he did not list it. Also, if used to pay off joint debts, it is no longer an asset, but has been spent to benefit both parties.
A: More information is needed to fully assess your situation. Questions arise regarding whether the account is material in nature, how much is in it, etc.? Certainly, the omission should be brought to the court's attention, whether for asset division or credibility purposes. Presuming there is money in the account and it is marital in nature, the court has the power to divide it or rule as to how the funds are allocated. If the petitioner won't provide documents regarding the account you can also bring that to the court's attention via a Motion to Compel. If you know the bank or financial institution you can also subpoena records.
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