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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38772
Experience:  I provide family and divorce law advice to my clients in my firm.
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My husband lied to me all the 8 years we were together. He

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My husband lied to me all the 8 years we were together. He is a conn artist. He first made me give him my kids child support direct deposits for our wedding. I did that for one whole year. Then he made me put his business in my name so that the child support in NY wouldn't trace him how much he makes. He used my bank account for all his deposits and money transactions. Now that I'm seperated and wanting to file a divorce, he tells me he got fired so he wouldn't pay for any child support or any spousal support. He left us when I have no job and no money to pay our current home which is also in my name not that it matters in the state of Texas. He is self employed and has always been self employed. He never filed income taxes and all along I thought he did. Now he is working with someone else under his friends name. they are both conn artist so they defend each other. They are actually partners and he dares tell me he got fired. I know its a lie. He makes well over 100k a year and I have my bank statements showing wire transfers from his business. but the business is not in his name and neither is it in mines but it goes to my checking account. allot of things I did to help him because I thought I was doing the right thing because I was his wife. Now that we are not together, I realize how he used me all these years. What should I do? I'm so mad he is not helping us. I have his two small children ages 3 and 5.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am so very sorry that you are in this situation. What specifically do wish to accomplish, ideally?
Customer: replied 1 year ago.

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


 

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Bonnie. Let me ask you a few questions so I can better respond.

1. In terms of spousal support, how long have you been married? Can you prove what his actual income is via other sources such as deposits or past receipts?

2. The children are both his, correct?
Customer: replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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%3F

Hope that helps.

Customer: replied 1 year ago.

Dimitry


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.

Expert:  Dimitry K., Esq. replied 1 year ago.

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.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38772
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you soo much for all your help.

Expert:  Dimitry K., Esq. replied 1 year ago.
Glad to help, truly!

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.