Question asked on May 09th, 2014

Q: Divorced 3/11/13. Ex claims he has no money to buy beds for kids, share cost of activities, education. He paid $0 on our $22k joint debt in decree + we found out hes hiding $23k in bonus. I am filing motion to enforce 9 violations. He altered his work contract showing his sal $125k, but actually made $147,000 in 2013. We will subpoena his employer for orig contract to show fraud, get his recent and bonus pay stubs, 2013 W2s. We just received subpoenaed bank stmts (2 accts at 1 bank in his + mistress’ name). On 3/13/14, OUR 2013 joint tax return (Half mine) was direct deposited into THEIR acct! It was over $7100 and they both used it! Is that illegal?? I called him on it and paid me $2400 only. He got a bonus and paid his $6300 Lien to his atty before paying me. Bank stmts show he had money. Whats the most effective way to go about this motion? Must have other acct elsewhere to cash his paychks. This acct shows his pay dir dep of only $200. Can employer separate his paych to diff accts?

 A: The situation is obviously pretty complicated, with lost of players involved.

Your question is whether a tax deposit was “illegal.”  Well, not as phrased — depending on what is actually going on, any existing orders, where you are procedurally (you say he is your “ex”), etc., you may, or may not, have a claim to the money.

The “most effective way” to go about any motion is to have your ducks in a row (your evidence assembled) and if the other side will not be reasonable, present it, logically and as organized as possible, to the court.

On the paycheck question, sure!  I suggest a subpoena to the employer requiring disclosure of all sums paid, and to what accounts.  My guess is that you will find out all kinds of exciting things.

Marshal S. Willick
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