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What is the punishment for hiding income in a divorce trail ?

Burbank, CA |

My ex-wife to be has lied so much under oath that she has lost the ability to keep up with her lies. On her Income and Expense Declaration she reported $120,000 less income which I can easily prove. In addition she has two jobs and she failed to disclose information or income from her second job in her final Declaration. What is the punishment for doing so and what is the family law code regarding this matter ?

Attorney Answers 3

  1. Since attorneys are usually involved in property division cases in court, hiding assets becomes harder. Where a party does this and gets caught, however, the penalties can be severe. Sanctions, or punishments, for failure to fully answer discovery include the dismissal of a party's claims, attorney fees and monetary fines. Punishments for lying under oath about one's assets include incarceration. On top of this, the party who tried to hide his assets will now have to litigate his case before a judge who sees him as a perpetrator of fraud upon the court.
    Good Luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. If you can prove she made a substantial false statement under oath, it's perjury. She can be held in contempt of court and fined or jailed. Your divorce attorney should know what actions to take and when. Discovery violations can be censured as well causing economic loss to her claim. Talk with your attorney.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  3. The fines for perjury (lying under oath) can be serious. I have handled cases (also currently litigating a case) where the opposing party has not declared all or even half for that matter of their assets and income. Without the help of an attorney though, you might not have the know-how or resources to investigate all of her assets to allow for a proper and fair division of property. If you would like to discuss your case and use my legal services, feel free to call me at my office: (310) 855-3386. Best of luck.

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