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 socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34677
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Can I still file the set aside and it the unreported business

Resolved Question:

Can I still file the set aside and it the unreported business income another example of fraud?
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
What's the status of the case? I assume you had your hearing on Monday.
Customer: replied 1 year ago.

The hearing went well I had typed you a long 411 with a couple questions on your responses re: my RFO and their was a system glitch and it did not send. I will ask those questions another time.


Monday's hearing was favorable but the DCSS judge would not hear my RFO set-aside because he thought it should go back to the judge who originated the order. Still the outcome was good. I do not have to pay the 1100 of backdated support to 5/1/13 as I was able to have the judge address the bonus issue. After several times being questioned about his bonuses, ex confessed to 9,000 in bonuses. Which offset anything I owed + he was ordered to pay a surplus of $230 to me directly (not through DCSS) by 7/6/13.


 


Post hearing (today) I realized my ex did not report additional income outside of his primary job to DCSS. He is showing a "business loss" deduction of 11,00 on his 2012 taxes. He told me it was 2,000 worth of income from computer consulting. How can I call him out on this? I still want a schedule of his taxes direct from the IRS. Isn't this more fraud? How can I compel his true tax info? Can this be another point for my set-aside? I know you said it would be harder if a new motion was set before my set-aside was heard, but the judge said only that it was an exception based on fraud - he did not discourage me from re-filing it.


 


My ex is a piece of work, eh?

Expert:  socrateaser replied 1 year ago.
Would you please rate your other open Q&A session, before we start thrashing on this one? Thanks!Cool
Customer: replied 1 year ago.

Hi Happy 4th! I hope you're feeling better. I read your message from my phone at work the other day and I couldn't see where I had an unrated open session (I don't have a smart phone). I will check it out and open a new session if that helps. Thank you.

Customer: replied 1 year ago.

I just rated the other session. Excellent, as always. Thank you.

Expert:  socrateaser replied 1 year ago.
Post hearing (today) I realized my ex did not report additional income outside of his primary job to DCSS. He is showing a "business loss" deduction of 11,00 on his 2012 taxes. He told me it was 2,000 worth of income from computer consulting. How can I call him out on this?

A: You would probably have to subpoena the records of the witness' bank accounts and then try to forensically analyze each and every transaction to come up with a financial statement. Then you would compare it to a copy of the witness' accounting records (which he may or may not have -- but you would serve him with a request for production of documents and ask him to produce). This is a huge undertaking when it comes to a self employed person. I realize that $2,000 may be annoying, but the amount of additional support that would be obtained would likely be less than minimum wage for the 100s of hours you would have to spend pouring over his records.

I think you're wasting your resources on this one.

I still want a schedule of his taxes direct from the IRS. Isn't this more fraud?

A: Yes, it's fraud.

How can I compel his true tax info?

A: You would have to file a motion to compel production, and ask that witness sign the necessary IRS forms to obtain a record of his tax returns directly from the IRS.

You would need to show evidence that demonstrates your ex has misrepresented portions of the returns that he has presented to the court. If you do this, then you may be able to get the court to make the order. I can tell you for a certainty, that unless your ex signs the form, there is no way you will get the originals. The IRS will not submit to a subpoena or other order of a state or federal court as part of a civil action for any purpose.

Can this be another point for my set-aside? I know you said it would be harder if a new motion was set before my set-aside was heard, but the judge said only that it was an exception based on fraud - he did not discourage me from re-filing it.

A: File the set aside, and prove the fraud. I doubt that the judge hearing the case will be thinking about this new order that you have just received.

Hope this helps.
Customer: replied 1 year ago.

Ok, I want his taxes and I know a way to get them (not exactly ethical), but instead I'm going to let it go, as you suggest. The reported income probably isn't worth the bother.


I will file the set-aside. It's practically completed so I'm going to do that Tomorrow. Do you know if the courthouse will be open on July 5th? It's technically not a holiday. I can't thank you enough or begin to tell you what your help has meant to me.


 


For the set-aside, should I just outline the information as you suggested and add another point about his undisclosed business income? I can refer to the taxes he provided me, correct?


 


FYI, I also filed the Peremptory Challenge on Monday. I used a very simple court form I found for the County of Los Angeles and I Photoshop changed it to Sacramento County & changed the civil code listed from 170.6 to 170.3. I figured I would try it and if they didn't accept it then I would do the long form you suggested and the sample you sent me through the law library etc. I honestly didn't expect to make it past the clerk, who sent me to the Judge's Dept, who in turn told me to use the drop box and it would be better reviewed this way. I left it in the drop box. If it is not accepted then I'll do long form. We will see what happens. I assume if they weren't going to accept the form wouldn't they have told me right away? Not a sure thing, so we will see.


 


 

Expert:  socrateaser replied 1 year ago.

I will file the set-aside. It's practically completed so I'm going to do that Tomorrow. Do you know if the courthouse will be open on July 5th?

 

A: Courts have some discretion as to their closures, given the budget constraints. Check the court website, or call the court.

 

For the set-aside, should I just outline the information as you suggested and add another point about his undisclosed business income? I can refer to the taxes he provided me, correct?

The undisclosed business income is only relevant if it was missed during the calculation of the support order you are trying to set aside. The fraud can't be new fraud -- it must relate directly to the order subject of the motion. Same with every other evidentiary fact. The fact that he appears to have a current pattern of conduct suggesting misrepresentation to the court, doesn't mean that the patter was true before the previous order was made.

So, I don't know the answer to the individual questions of what you can or can't use -- but you'll know as soon as you read this.

Note: If you're wondering what I'm doing answering questions on Independence Day -- I'm sitting at my kitchen table watching the screen with one eye, golf with my second eye, and the harbor with my third eye, because I can see the fireworks show from right here. And, that's good, because I still feel like s***.

Happy 4th.
Customer: replied 1 year ago.

You're right, I did know as soon as I read your response and I am smiling because of course, his business income was missed during the calculation of support.


 


I was wondering why you were working on the 4th. A view of the harbor? Where is that? Far, from me in the Northern California valley, I assume. Feel better soon. One, because it is horrible to be sick and two, because I have an appeal of my last custody order to file and you are my go-to guy. You are appreciated and needed.


 


Happy 4th to you, too.

Expert:  socrateaser replied 1 year ago.
Until next time.
Customer: replied 1 year ago.

One last question (I promise) and then I"m off to buy fireworks for my kids and enjoy my 4th.


 


Since the DCSS judge thought I should file the set-aside in family court I will. My question is how to word/ include in my request that any back-dated support be collected through DCSS? They will enforce arrears be taken at up to 25% of his salary. Wage garnishment in already in place.


 


Thank you.

Expert:  socrateaser replied 1 year ago.
DCSS will enforce any lawful support order. You don't need to ask for it. All you have to do is show your DCSS caseworker the order, and he/she will do the rest.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34677
Experience: Retired (mostly)
socrateaser and 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
 
 
 
Chat Now With A Family Lawyer
socrateaser
socrateaser
Family Lawyer
34677 Satisfied Customers
Retired (mostly)