What If Your Ex-spouse Is Hiding Income?

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What If Your Ex-spouse Is Hiding Income?
What If Your Ex-spouse Is Hiding Income?

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Video: Yes, You Can Figure Out If Your Ex-Spouse is Hiding Money and Assets in Your Divorce in Ontario! 2022, November

One of the most common ways to avoid paying alimony or to reduce its amount as much as possible is to try to hide the real level of income. Everything is used - fake minimum wage certificates, fake work books with a place of work that is far from real, attempts to switch at work from an employment contract to one-time contracts for the provision of services. As a rule, in this case, it is unlikely that it will be possible to resolve the issue without involving the court and law enforcement agencies.

What if your ex-spouse is hiding income?
What if your ex-spouse is hiding income?

Very often, at one of the stages of a divorce, men threaten to hide their income, saying the phrase "I will bring a certificate to the court that my salary is 10 thousand rubles, and you will not see anything at all." This is one of the most common manipulations.

Or the second common situation - at the court documents suddenly "pop up" about a job that has never been and / or about a penny salary.

In these cases, immediately declare to the court that you have doubts about these documents, justify why. For example, this is the first time you hear that your spouse worked for this company. It is better for your doubts to be recorded in the court record. It is also worth submitting your position in writing and asking the court to attach it to the case file. This is necessary so that if the court does not accept your arguments and makes a negative decision, you can easily appeal this decision. Then the judges of the second instance will not have a question why you did not immediately express doubts about the authenticity of the documents submitted. According to the law, in the second instance, one can refer only to those facts that were voiced and considered in the court of first instance, with the exception of newly discovered circumstances.

Of course, on your own you will not be able to obtain reliable information about work and income, but such information can be obtained by the court. Write a petition for the recovery of evidence, in which you need to ask the court to send a court request for information from the Pension Fund of the Russian Federation (information about obtaining SNILS, about the place of work and receiving a pension by the debtor), the FMS of Russia (information about the passport data of the debtor-citizen, place residence or stay), the Federal Tax Service of Russia (information on obtaining a certificate of assignment of a TIN, information on accounts, an extract from the USRIP, if the person is an individual entrepreneur).

Be sure to indicate that resolving the issue of alimony without this information will violate the rights of a minor child (children).

It is also worth pointing out that you cannot get this information on your own, since it is private. According to the law, if a person cannot independently obtain the information he needs, the court, at his request, assists in obtaining the necessary evidence.

What to reference:

Article 35 and Article 57 of the Civil Procedure Code (Code of Civil Procedure of the Russian Federation)

This will help resolve the issue, including in the case of forged documents.

Evidence of a person's receipt of certain incomes can be testimony, but they will only be indirect. Written evidence will be preferred.

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