Husband has been primarily paid cash & shows little on income tax. How can I receive alimony/child support?

Asked over 1 year ago - San Clemente, CA

Separated 6 mos. I was his secretary & know our profit margin (40 percent).
Only showed my part-time (nursing) income on tax returns.
Made 6 figures.
One child, No assets. We agree on custody.
Married 10 years in October 2013.

Attorney answers (3)

  1. Nadine Marie Jett

    Contributor Level 16

    2

    Lawyers agree

    Answered . This is a difficult issue. You were married 10 years, and if you signed the joint tax returns, and knew they were incorrect, it can be a problem. To argue 10 years later that the tax returns are fradulent, can be difficult. If a judge wants to use the tax returns, the judge can rely on the returns as presumtively correct, because they are signed under penalty of perjury.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Alexandra Rachel Lavinsky

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . Through competent testimony to the court, the presumptions associated with a tax return can be overturn. It is imperative you are well protected and represented to assert proper defenses for filing the tax returns if incorrect.

    The information and material are provided for general informational purposes only and are not intended to be legal... more
  3. Alicia Simone James

    Contributor Level 10

    3

    Lawyers agree

    Answered . Before you do anything else. Please talk to a tax attorney today. It sounds like your husband could have committed fraud. This is very serious. There is no time limit for the IRS to collect from you on fraudulent returns. You need the protection of attorney client privilege before you divulge any more information. Get the tax situation straight first. Then, with the corrected returns you can get your child support amounts to reflect the appropriate amounts.

    My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be... more

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