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Is My Ex Lying on the Income and Expense Declaration Forms?

Is My Ex Lying on the Income and Expense Declaration Forms?

One of the very worst things anyone can do during a divorce is to lie on the income and expense declaration forms. These numbers are used for division of assets, child support and spousal support calculations. Too often, individuals willfully misrepresent their financial state on their income and expense declaration forms and even assume they will get away with their deviation from the rules. Their assumption that they will face no consequences is usually based on one of the following common misconceptions:

  • The other parent not having the time or money to spend digging for the facts.
  • The judge not caring because “everyone” misrepresents income and expenses during divorce.
  • The punishment for lying on the income and expense declaration being “next to nothing” anyway.
  • What they perceive as minimal risk and maximum reward makes lying seem worthwhile.

In some instances, individuals who misrepresent their finances or LIE on their income and expense declaration will actually get away with their fraud. In these cases, the other party is treated unjustly. If you feel you have been unjustly treated because your ex misrepresented their finances on the income and expense declaration, get in touch with an experienced Arizona divorce attorney immediately to discover whether or not it is too late to do something about it.

If you fear that you could find yourself in this situation and want to avoid it consider some of the most common lies or omissions on the income and expense declaration made by those who do not want to be told to pay support.

Common Lies or Omissions About Income or Property by the Party Who Wants to Avoid Support Payments Include:

  • Blanks left in the income section in the hope that the other party will not notice.
  • Income amounts filled in, but misrepresented.
  • Including descriptive words in the place of numerical representations of income, i.e. minimal, TBD (to be determined), etc. This tactic is not good and can even be used against the person who attempted to use it as it appears as a blatant attempt to avoid providing necessary financial information that is required under penalty of perjury.
  • Lack of documentation of income – verification of income is required to be attached (paystubs, tax returns, etc.)

Common Lies or Omissions About Expenses by the Party Who Wants to Avoid Support Payments Include:

  • Exaggeration of expenses in order to show less disposable income. This is not usually helpful due to the fact that both child support and spousal support or maintenance is largely based on the gross income numbers.
  • Expenses are downplayed in order to place suspicion on the other spouse’s expense declaration – making their report appear to be exaggerated.

Common Lies or Omissions About Income by those Who Wish to Receive Support Include:

  • The other spouse’s income is exaggerated in order to make it appear that there is more cash available to be used as support payments.
  • The parent completing the form works for cash or under the table income and fails to list their total gross income correctly.
  • Additional sources of income are not listed.

Common Lies or Omissions About Expenses by those Who Wish to Receive Support Include:

  • Indicating a greater need for support by exaggerating expenses.
  • Filing to list other individuals or groups who contribute toward overall expenses. (This is particularly relevant in cases where one parent is cohabiting with another individual, as their financial contribution is relevant).
  • Listing expenses that the spouse doesn't even pay, but the individual paying support…DOES pay.
If you need to discuss the income and expense declaration forms and how you should handle the division of your marital assets, contact the Arizona divorce attorneys at Arizona Family Law Attorneys.
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