How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12805
Experience:  B.A.; M.B.A.; J.D.
Type Your Family Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I recently got the tax return copy from my ex-husband for verification

Resolved Question:

I recently got the tax return copy from my ex-husband for verification of income. He is self employed. He is the physical custodian of our son, however we do have legal joint custody. I currently pay child support to him. I was requesting verification
of his income, because the income he is stating does not match his lifestyle- meaning his outgoing bills are more than his stated income. The tax return copy that he provided stated his "salary" was $10,000 and his S partnership "royalties" in federal return
box 17 was $22,800. I have calculated average bills for him, doing utilities, car, mortgage, cell phone, groceries, gas, etc. and his expenses total more than $1000 more than his net income. My attorney has subpoenaed his personal banking records for the past
year, and we are waiting for the bank to send them. I asked my attorney today to request his business returns as well as his personal tax returns. I was told by my attorney that he is under no legal obligation to supply his business returns. My question is,
is that really true? Considering he is the owner of the business and could write off odd expenditures, or shift profit into a secondary savings or investment portfolio within the name of the company without it showing on his personal taxes, how could his true
income be verified? On his business license, his home address is listed as one of the locations, although he does no work there aside from very little paperwork. I was not tipped off to this 3 years ago during the initial child support hearing because he stated
he was making nearly $48,000, which seemed reasonable. Now, he is stating he is making about $10,000 less, and he has even expanded his business to a larger location, that is why we are going for a modification. He stated he needed to place our son in an after
school program because of change in work circumstances. He has not changed his hours, only his location. And he has only moved his location by 3.5 miles. I feel a bit frustrated because it seems obvious to me that he is hiding money somewhere, yet my attorney
seems like he feels I am nit picking. He stated that in the courts eyes, the pay stubs he submitted, which rounded up to $39,000 was more than his 2012 tax return, so he would look like he was being "honest". I am attempting to push my attorney to get a copy
of his new lease, because it should have an income quote on it. He is in a very expensive location, so I am quite certain the management company would have been hesitant to take a risk on someone making $33,000 a year. I could be way off the mark, but the
math just doesn't add up. Does he, or does he not have to provide those pieces of documentation? Should I keep pushing my attorney to get those pieces of information?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you.
I recently got the tax return copy from my ex-husband for verification of income. He is self employed. He is the physical custodian of our son, however we do have legal joint custody. I currently pay child support to him. I was requesting verification
of his income, because the income he is stating does not match his lifestyle- meaning his outgoing bills are more than his stated income. The tax return copy that he provided stated his "salary" was $10,000 and his S partnership "royalties" in federal return
box 17 was $22,800. I have calculated average bills for him, doing utilities, car, mortgage, cell phone, groceries, gas, etc. and his expenses total more than $1000 more than his net income. My attorney has subpoenaed his personal banking records for the past
year, and we are waiting for the bank to send them. I asked my attorney today to request his business returns as well as his personal tax returns. I was told by my attorney that he is under no legal obligation to supply his business returns. My question is,
is that really true?

Response 1: No, that is not true. His business returns are relevant in the case because you need to determine his business income and expenses to see how much the business is bringing in. His business net income is part of his earnings, which would affect the calculation of your child support.
what Considering he is the owner of the business and could write off odd expenditures, or shift profit into a secondary savings or investment portfolio within the name of the company without it showing on his personal taxes, how could his true income be verified?
Response 2: Your Attorney is wrong. He is legally obligated to provide his business returns
On his business license, his home address is listed as one of the locations, although he does no work there aside from very little paperwork. I was not tipped off to this 3 years ago during the initial child support hearing because he stated
he was making nearly $48,000, which seemed reasonable. Now, he is stating he is making about $10,000 less, and he has even expanded his business to a larger location, that is why we are going for a modification. He stated he needed to place our son in an after
school program because of change in work circumstances. He has not changed his hours, only his location. And he has only moved his location by 3.5 miles. I feel a bit frustrated because it seems obvious to me that he is hiding money somewhere, yet my attorney
seems like he feels I am nit picking.

Response 3: You are not nitpicking. You have legitimate concerns. He needs to be made to account for discrepancies in his business records and tax returns, both personal and business.
He stated that in the courts eyes, the pay stubs he submitted, which rounded up to $39,000 was more than his 2012 tax return, so he would look like he was being "honest". I am attempting to push my attorney to get a copy of his new lease, because it should have an income quote on it. He is in a very expensive location, so I am quite certain the management company would have been hesitant to take a risk on someone making $33,000 a year.
Response 4: You made great point here. All relevant records must be requested. Your Attorney needs to request for production of a copy of the lease from him. If he refuses to produce it, you can either file with the Court to compel him to produce the document or subpoena his Landlord for a copy of the lease.
I could be way off the mark, but the math just doesn't add up.
Response 5: You are not off mark here. You are actually quite on target.
Does he, or does he not have to provide those pieces of documentation?
Response 6: He has to. The documents that you have mentioned are quite relevant and material in your case.
Should I keep pushing my attorney to get those pieces of information?
Response 7: Yes, you should. Without those documents, you are basically going into the modification hearing with your hands tied behind your back. You need to request the documents to show the other side that you are serious and to make him think twice about proceeding with the case.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 12805
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 3 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney