Family Law Questions? Ask a Family Lawyer Online.
1. help with spousal support until I'm on my feet. I'm currently looking for a job and going to interviews.
2. help with child support but don't know how when he says he got fired (which again is a lie)
3. prove somehow what he owes to the irs and put that on my divorce decree for him to pay
4.. somehow prove what he makes but don't know how
all his deposits came to my bank because he couldn't open a bank account under his name. The child support office in NY would freeze his money as they once did when I was with him. At first he had a business under my name ( he asked me and I had idea it was a bad idea). He made lots of check deposits then and my bank has record of this. But just recently two years ago, he started another company with his partner. His partner is his ex brother in law. They have worked together for years scamming every business. But aside from that, going back to proving, yes, I have wire transfers that came to my bank from his partner. But the company is in his partners name but the wire transfers came to my bank.
I've been married 6 years.
Yes, both are his children.
I should mention that he was declared disabled by his doctor in Nov of 2012. He has no need to work outside the home because what he does is in the computer. All his work is in his laptop and his phone records. He is a broker of construction machines. He acts as a buyer, then gets someone to buys the machine and he gets a good commission cut on the sale. He makes about 7k a month and has for the past two years.
Thank you for your follow-up, Bonnie. Please allow me to respond to each concern I see and if I miss anything, kindly follow and I will clarify.In terms of spousal support, you can only pursue it if you can prove that he makes more than you. The burden of proving income is on you and not on him. Since you have been married for a fairly short period of time, I doubt very much a judge would grant you support for more than 3-4 years. Typically support is calculated at about 15%-28% of the difference in income between the more financially stronger spouse and more financially dependent party. So if the difference in income is about $10,000 per year, support would likely fall between $1,500 to $2,800 split over an annual basis.You can attempt to prove support by the income and the deposits you received in your accounts, past history of employment that you are aware of, and other paper trails that you may have seen. In terms of child support, lack of income on his part is not a valid excuse. Once you can prove what he has made you can then request that his support be based on those estimates as well.Finally, for IRS concerns you can contact the IRS directly at the link below and request that they investigate his potential fraud:http://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3FHope that helps.
Will I get in trouble by the IRS too? The company was under my name but I did it in good faith to help him and NEVER ever occurred to me I was doing something bad or risky.
Bonnie,If he failed to file on your behalf also then you could be in potential liability. But you can assert the 'innocent spouse defense' and claim that you had no knowledge of the fact he never paid taxes as you were signing all the forms he provided to you. It concerns me that the company was under your name as it exposes you to liability from everyone--I would definitely suggest you review your options but if you wish to contact the IRS, that would be the defense to consider.Good luck.
Thank you soo much for all your help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).