If my spouse is cashing his paycheck and giving the money to a relative to keep for him, how would this play out once our divorce proceedings begin?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my spouse is cashing his paycheck and giving the money to a relative to keep for him, how would this play out once our divorce proceedings begin?
How would there be any indication of what he was compensated during our marriage and would I be entitled to any of that? He has been doing this for years.
Asked on September 3, 2011 under Family Law, New York
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Then he could be considered illegally hiding funds from his spouse and it will play out to his detriment in the divorce proceedings. You need counsel to subpoena his paycheck records from his employer and any W-2s etc. Then your counsel will subpoena any and all bank records your husband has (joint or otherwise) and then he will probably decide to depose your spouse and his relatives who helped keep his money elsewhere. Through all of this evidence and testimony under oath, once your lawyer is able to follow the money and locate the money and general estimated amount, then he may file a motion to the court to not only have the court order your husband was intentionally hiding assets but also to force the return of those monies or equivalent in assets.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.