Getting Caught Lying About Money Can Be Costly.

Question: When we had our temporary support hearing, my husband presented false information to the Court about his income - he did not tell the Court that he has worked on weekends throughout our marriage and has never reported the money he receives on his taxes. Based on his false statement, the judge ordered a much lower amount of support than I need for me and our children. Because we only had a 15 minute hearing, the judge made her decision based on sworn statements that were handed to my lawyer that day. My lawyer says there was no way to prove that he was lying, and that we will have to wait for a year or more until the final hearing to do something about this. If this is the case, I will be starved out. Isn't there anything I can do now?

Answer: While the oath in family court is no different that that in other courts, a growing number of our readers complain that false statements in family courts are, for the most part, ignored by the judges. In jest, a long-time family court judge once said that divorce cases are won or lost based on the "preponderance of the perjury." While allegations that one party or the other is making false financial statements are increasing, the vast majority of these allegations are not dealt with because of time constraints, lack of proof, and the fact that more than 90 percent of these cases are settled.

First of all, lawyers are prohibited from presenting false or misleading information to the Court. If you have proof, then you take it to your lawyer so he can bring a contempt action against your husband and seek a retroactive modification of the support award based on your husband's false representations to the Court. If proved, the family court judge can not only grant you the relief you have requested and hold your husband in contempt, but also may have a duty to report your husband to both the local prosecutor for perjury and to the Internal Revenue Service.

By starting this ball rolling, however, you could get tarred by the same brush: Since you have probably signed joint income tax returns with your husband while knowing that he was underreporting his income, you are not an innocent spouse because you received the benefit of his fraud. There are far-reaching ramifications her that you should thoroughly discuss with your counsel before you act.

Question: When my wife of 30 years wanted more than 50 percent of our assets, my lawyer told me that we should go to trial because a judge would not give anything like that. So we did and guess what! She received what amounted to 65 percent of our assets and alimony. How can this be, and what can I do now?

Answer: While unusual, disproportionate and unequal division of marital property can occur under certain limited circumstances. Although we don't know the specific facts of your case, this type result can occur if your wife was given credit for premarital funds that were used toward the purchase of marital assets and/or if your wife's earning capacity is significantly lower than yours. Because of the difficulty in securing this type of award, either your wife's lawyer presented a compelling case or the judge made a mistake. Either way, you will be stuck with the result unless you appeal, so get further advice from your lawyer.

SoloFact: This is the fourth of 12 pitfalls that should be avoided at divorce. If you missed any, visit www.flyingsolo.com, click on "Divorce" and then on "Frequently Asked Questions." NUMBER FOUR: NOT BEING FOCUSED ON THE IMPORTANT THINGS. Be sure to focus on what's important. If Dad is five minutes late picking up or bringing Junior home from visitation, it's not necessary to call your lawyer. If Mom is five minutes early for visitation, it's not necessary to keep her sitting in the car until the "bewitching hour." Sure, people should be on time, but let's get serious. Let's not fight over the pots and pans. The really important questions are major children's issues and money. That's it. And the sooner we recognize it, the better off we'll be.

Jan Collins is an award-winning writer and editor. Jan Warner is a matrimonial, elder law, and tax attorney. Both are based in Columbia, South Carolina. Flying Solo is distributed nationally by Knight Ridder Tribune News Service.

Please send your questions by email to janwarner@flyingsolo.com or by mail to P.O.Box 11704, Columbia, S.C. 29211.


Posted: August 12, 1999