Family Law Questions? Ask a Family Lawyer Online.
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I am assuming you are referring to what you are entitled to in regard to child support and alimony in the event of a divorce. While it is more difficult to obtain a fair result in terms of child support and/or spousal support when one party is not truthful about their income, it can be accomplished. The first thing you or your attorney would need to do, if you haven't already done so, is file for a contested divorce. Having an active divorce case with the court will enable you to engage in the discovery process. What this means is that you or your attorney can do a number of things to obtain information. Unless he pays for the majority of things in cash, my guess would be that bank statements would show that your husband spends more than his stated income. The bank statements may even show more deposits than he claims as a salary from month to month. Additionally, his employer likely keeps accurate records of your husband's pay and would not risk his or her business by lying to the court, just to assist your husband. In other words, the employer is likely going to provide truthful payroll information if these records are subpoenaed.
You could also take depositions (sworn statements) from his employer, co-workers, or anyone else that has information regarding your husband's actual pay. Lastly, you could have an expert witness testify regarding what he or she believes is the average salary for your husband's occupation in your particular area.
Once you have shown the judge that your husband has been less than candid regarding his income, you should be successful in obtaining a fair amount of child support and spousal support.
I would suggest that you contact a family law attorney licensed to practice in your local jurisdiction. Many attorney's offer free consultations and affordable payment plans to meet your needs. An attorney can also request that the judge order your husband to pay your attorney's fees.
I hope this helps, best of luck!
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