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 Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11446
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

CAN ALIMONY BE RETROACTIVE IF HUSBAND HAS BEEN LYING ABOUT

Customer Question

CAN ALIMONY BE RETROACTIVE IF HUSBAND HAS BEEN LYING ABOUT INCOME FOR 4 YEARS? I. E. 4,000 A WEEK AND I HAVE REC'D 320 A MONTH?
Submitted: 1 year ago.
Category: Family Law
Expert:  Joycelaw replied 1 year ago.

Hello:

If you feel that you husband has misrepresented how much money he makes,

in most states you can petition the Court to "Modify" the Alimony due to a

misrepresentation of his income or you can cite "a change of circumstances."

Expert:  Joycelaw replied 1 year ago.

You can also ask the Court if you can received retroactive maintenance.

But you would need substantial proof that he misrepresented his income for

4 years.

You can call your local Bar Attorney Referral Service and speak to a Divorce/

Family Law Attorney, for a reasonable fee.

Expert:  Joycelaw replied 1 year ago.

In my previous answer there was a typo.

I meant to say, "You can ask the Court if you can receive

retroactive maintenance."

Customer: replied 1 year ago.
THANK YOU. iS IT LEGAL TO REQUIRE HIM TO PRODUCE ira STATEMENTS GOING FORWARD SO HE DOES NOT GET TO CHEAT AGAIN?
Customer: replied 1 year ago.
what a lousy spectrum of behavior you must get to see.
Expert:  Joycelaw replied 1 year ago.

What city and state was the divorce Order finalized?

Expert:  Joycelaw replied 1 year ago.

I meant to say before, that a lot of courts do not like to modify an Order.

However some courts will do something similar to a Modification if it is discovered

that one spouse hid assets, or undervalued assets, etc..

In the above scenario, the Court could step in and issue a money judgment

against the offending spouse.

And yes, I see a lot of lousy behavior.

Expert:  Joycelaw replied 1 year ago.

Every state is different. Therefore, you will need to see an attorney in your area

and see if your state grants Modifications or the Court can do something similar

to tap into what your spouse really earns and earned in the past, so that you

could be given fair Spousal Support. Again, you could try your local

Bar Attorney Referral. In many states, Bar Attorney Referral Programs, which

are offered by the State Bar, refer attorneys who will work for an affordable fee.

Expert:  Joycelaw replied 1 year ago.

Also, without knowing your financial situation. If your income is low enough, you can also

contact Legal Aid in your area. In some states Legal Aid will have attorneys who help in

Divorce/Family law matter. If Legal Aid takes your case then their service would be at

no cost to you.

Good luck, it has been a pleasure serving you.

Please be sure to give me positive rating, so that I will receive credit for this answer.

If you have any other questions, please do not hesitate. Thank you.

Expert:  Joycelaw replied 1 year ago.

In answer to your question, your lawyer can request that your spouse submit

all earning statements including IRA's to the Court. The Court would then

decide if your spouse should be required to do so.

Good luck.

Related Family Law Questions