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

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. 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 fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. **************CAUTION*************** CAUTION*************** CAUTION ****************** CAUTION************ Readers should be cautioned that AVVO cannot be relied on as they have a corrupt and dishonest rating system. AVVO routinely allows "client reviews" to be posted by individuals that are not "real" clients. AVVO does not ensure that the public receives truthful accurate information.


  2. 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 provided after you have signed an engagement letter. Answering this question does not create an attorney client relationship. Remember that without attorney client privilege you could possibly divulge information that can hurt your legal rights in the future. I am a tax attorney in Miami Florida. I can help you with your federal tax issues via a secure client portal if required.


  3. 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 advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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