Q: Will the judge see through his lies?
My husband moved from our house straight in with his mistress. It’s been three years and I finally saved up enough money to file for divorce. I was a stay at home mom and he is a contractor. He went from making $50,000 a year to now making $17,000 a year (after deductions ) His mistress has been through it before and is self-employed also. She has taught him how to cheat the system. By Lowering his income he is trying to get his child support lowered and pay no spousal maintenance.
I have been working now for about a year and a half at a home-improvement store as an associate. Currently he’s making just about the same as me. He is 60 years old and I am 51. So it’s not like he’s a spring chicken just starting out .Will the judge see through his lies and make him either get a real job or work more hours? He charges $40-$50 an hour for his services.
A: There are no guarantees, but generally judges recognize that self-employed people are able to hide income. A lot of claimed expenses may be added back. The court will look at his prior income as well as what he is now making. If his mistress contributes to the household expenses, that lowers his need. Depending upon circumstances, you may also have a claim for dissipation of funds for whatever he has spent on her. Getting records in discovery is vital.
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