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max713
max713, Lawyer
Category: Family Law
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Experience:  I am responsive, respectful, and relentless.
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My husband of four years flat hides n refuses to provide me with any figures of his self

Customer Question

My husband of four years flat hides n refuses to provide me with any figures of his self employed construction business he refuses to show me any invoices or any income..money he is paid for the work he performs. He refuses me access to any.... financial accounts..credit..etc..he also refuses to provide me with any type of insurance or money. He pays n provides for himself n his two teenage children. Help? Where do i begin?
Submitted: 1 year ago.
Category: Family Law
Expert:  max713 replied 1 year ago.

max713 :

Hi. I apologize for your difficult circumstance, and thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.

For money being hidden, one can "request for production" of necessary documentation; if not then provided, one can motion to compel production (from the court). If there's strong evidence that it isn't being provided, the court will typically then order production of the documents - or the party will be held in contempt.

If it still isn't disclosed thereafter, one can hire a private investigator to attempt to find the information (or take pictures of money-exchanges).

max713 :

After reading my response, do you have any follow up questions? I welcome any and all that you do - as I am here to serve you.

Customer :

i have not filed for divorce ..i am attempting to obtain this myself. as his wife-what am i allowed to request from the compNies he has accounts with n conducts the business of purchasing all hisl building supplies from?

max713 :

Got it. That will severely complicate things. If you are not formerly filing for divorce, it will be difficult to subpoena the company for the records.

max713 :

While you can request them, they can refuse - and there will be no recourse (as you cannot object to the court, who could force production).

max713 :

In that case, and until one files for divorce, hiring a private detective may be the best option.

max713 :

... Or, if one files for legal separation, there will be an opportunity to request and subpoena said records.

max713 :

Do you have any further questions? I welcome any and all - as I am here to serve you.

Customer :

what is considered "strong evidence" by the courts, that financial documentation is not being provided?

max713 :

Great question. What will convince one court may not convince another. The fact that he can pay for himself and his children indicates a source of income. And, the fact that he discloses no income coupled with that may be circumstantially strong enough evidence to constitute "strong evidence".

Customer :

i Have yet to receive any tools that i myself am able to utilize. i am right where i started..hands behind my back unable to proceed on obtaining financial disclosure from my husband.

max713 :

I'm so sorry that you are having such a tough time.

max713 :

It does seem you've been mistreated.

max713 :

Unfortunately, one cannot act pursuant to the law to "discover" until there is a pending case with a scheduling order in which case one requests this information during discovery.

max713 :

At that point, one can request that information and - if not provided - motion to court to COMPEL it.

max713 :

Before then, a good private investigator can do a lot.

max713 :

Do you have any further questions? I'm still here to serve you.

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