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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89514
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Im going through a divorce and have already hired a Forensic

Resolved Question:

I'm going through a divorce and have already hired a Forensic accountant as I believe that my husband ( H ) is hiding & dissipating assets.In 2009, I heard that his girlfriend GF opened a Montessori school and was renting a big building which happens to be part of the property held by the Missionary.There was a well renowned school there from last 20 years ( they were renting it from the Nuns )and that was closed as they were asked to vacate the building.I talked to lady who had rented another part of the campus and she told me that. It's very unusual for the Missionary to have the previous school closed and they would only do so for
some good reason.I'm speculating that my H must have given the Nuns a big sum
as a charitable donation so that his GF could get the property and open her school.
In any case I have a strong conviction that he funded the school in some way but we are not able to figure this out by his paper trail.
Is there any way to get information from the Missionary about this ? ( The school is not non- profit though )
Can we subpoena the nuns?
I see charity given on the tax returns but he is not providing us info about who that was given to ( we file joint tax returns ).
Submitted: 10 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question and for asking for me. I look forward to working with you again.

You would have to subpoena the school records and their bank records. Also, it is likely you would have to subpoena the director of the Missionary to question them about the reasons for the closure. If he gave the money to them, they are supposed to maintain records of all donations as a non-profit so you have to subpoena those records as part of your case to try to prove they received the money.




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Customer: replied 10 months ago.
Thanks for your answer.I do not have any proof that she is the GF and he of course denies it.Can we still subpoena her or the school records ? On what basis?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

No, if you have no proof she is the GF, you will need to get such proof using a private investigator. However, you can subpoena the non-profit on the basis of his charitable donations that he claims on the tax return to try to make the connection to the GF.
Customer: replied 10 months ago.
Yes , but the tax returns just show the amount of charity given .He is not providing us who he gave it to all these years. It's just my speculation that he might have given it to the Missionary for her benefit.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

That is why you are subpoenaing the Missionary records as part of your right to uncover information you can introduce in court. These cases sometimes are like conducting a police investigation, you are going to have to subpoena the records to try to uncover the trail.
Customer: replied 10 months ago.
Can we subpoena the missionary just on the basis of a speculation / doubt that I have .
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Yes, since you have a reasonable belief that is where the money went and a reasonable suspicion it is his GF running the school you would have grounds to seek to uncover that information.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89514
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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