What to do if my husband is lying about his income and showing false tax returns?

UPDATED: Jan 31, 2011

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What to do if my husband is lying about his income and showing false tax returns?

My ex-husband took me to court to reduce his child support. He claimed that he lost his job and his only income was unemployment. I showed the court some evidence that my ex had other income from another job. The court ruling was for my ex to pay only $50 a month in child support and he was ordered to send me a copy of his 2009 taxes. I received an e-mail from my ex the other day stating the attached file in the e-mail was a copy of his 2009 taxes. I opened the PDF file and it was a 1040 Form filled out but not signed nor dated. I went into the properties of the file and saw that it was last modified in 12/10. This is what I believed he did: he went to the IRS web site and downloaded the 1040 file and filled it in with a lower income than his actual filing. My ex is making well over a $100,000 a year; he has no visitation rights with our child because of neglect. I can’t go out and work because I’m in a wheel chair nor can I get a pro bono lawyer to defend me because I live in a different state. His daughter and I are living on food stamps and he’s getting away with paying $12.50 a week in child support. I could go on and on about the games this man has played with me and the New Hampshire courts. What can I do to stop this? Please don’t state the obvious of getting a lawyer as I’m trying to get one and getting no results. When he e-mailed me a file stating that was his 2009 taxes wasn’t that a forgery of a government document and what can I do about this?

Asked on January 31, 2011 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry for your situation.  I am going to make some assumptions here: one that he lives in New Hampshire and you were divorced there (so that is where your agreement was entered in to and your divorce decree was issued) and that you live in Massachusetts.  Also that you keep going back to the New Hampshire Courts (or he does) to modify the matter.  You may, though, be able to modify in Massachusetts.  First, I understand that the actual divorce and agreement proceedings are completed in NH.  Now, there is a law that has been adopted by most states, the Uniform Child Custody Jurisdiction Act (UCCJA). This law allows the transfer of a final judgment from state to state. The UCCJA and the US Constitution (Full Faith and Credit Clause as well as Comity) allows for a court of another state to accept a decree of another without determining the issues again. It also gives the court authority, or jurisdiction, over the person and the subject of the modification. Both personal and subject matter jurisdiction are required before a court can hear the case. The UCCJA also makes it easier for an out-of -state parent to be heard on the issues. In order to modify, the UCCJA requires that the state you are seeking to modify in be the "home" state of the children and requires that the children have resided there for a period of time like six months. The time period is determined by the state so you need to check that out. Once you have the proceeding on your home ground show the court your evidence of what you believe he has done and ask that they order him to sign the required authorizations for release of his tax documents from the IRS.  Bring them with you and ask that he sign them there.  Make sure that a Notary is present if needed.  If the Court hesitates ask that the Court allow the documents to be made returnable TO THE COURT at the next scheduled hearing date. If he has forged the documents the court will see it then and then you can ask that he be charged criminally. And try going to legal aid or to the local bar Association to see about pro bono help.  Good luck to you.

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