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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15919
Experience:  Licensed Texas General Practice Attorney
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We are heading to pendente lite hearing. No all details undisclosed

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We are heading to 'pendente lite' hearing. No all details undisclosed yet. My wife hides her income. She indicates very low income instead. What is the best way to avoid monthly payments until all details are found out.
Thank you

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

The best was is "proof". That is, evidence that is sufficient to give the judge a good faith belief, that by a preponderance of the evidence your wife is not being forthcoming with her disclosures about her income.

ScottyMacEsq :

It doesn't have to be proof beyond a reasonable doubt, etc... but any evidence to show that she has made income but has not disclosed it.

ScottyMacEsq :

This can be by affidavits from employers, witnesses, etc...

ScottyMacEsq :

Even your own testimony that this is happening can be considered, although the judge might look at that as a bit biased.

ScottyMacEsq :

That's why some independent proof could be a good thing to bring with you.

Customer:

No witnesses on 'pendente lite' allowed ?

ScottyMacEsq :

I mean through affidavits.

ScottyMacEsq :

It does not have to be in court testimony.

ScottyMacEsq :

Rather, a document that is signed by a witness, under oath, can be considered.

ScottyMacEsq :

Here's an online "wizard" to make an affidavit: http://www.rocketlawyer.com/form/affidavit.rl

Customer:

Actually I have a proof. But it's complicated and required financial expert. But judge will have to make decision earlier , right ? She won't dive into details , she must make a decision faster. Who can be a right witness ? How should a document be signed ? By notary ?

ScottyMacEsq :

Yes, it should be notarized.

ScottyMacEsq :

Getting a bunch of evidence together and then having a short, concise explanation of the evidence would be a good idea so that you can show that, at bare minimum, she has not been forthcoming with her financial disclosure.

Customer:

What a chance judge doesn't award my wife with payments until all details uncovered

Customer:

if I bring a notary signed document from friend ?

ScottyMacEsq :

That depends on the judge and the extent of your evidence. If the unreported income is relatively small, judge might still award some pendente lite, but if it's allegedly large, and the evidence is pretty strong against it, then it's possible that the judge won't. Also, if you can get her to testify, under oath, that she does not make any more than $X, and you can prove at a later point that she does, that's contempt and perjury, so understand that even the judge awards it, that doesn't mean that they can't revisit it at a later point.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq and 5 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


your answer is rated as 'good service'. Thank you.

Thank you, and again, good luck to you!

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