My husband has told me he is going to lie and say he doesn't have a job. What should I prepare for if he does this? Will I have to hire someone to prove it? Would pictures, texts, and witnesses suffice? What could be the potential consequences? Will a judge be more likely to rule more so in my favor? Would having no income (if they take his word) have any effect on custody? Hes doing this to try to get alimony (we haven't been married long enough) and avoid child support. But also claims hes fighting for the kids but its just about money, he only wants them for the child support & alimony. Does anyone know if he will be entitled to my retirement account? Its not even $10,000 & its not like im rich. He chose to spend money un-wisely. Will a judge take that into consideration if I have proof? Any advice would be appreciated. Thanks! This is in Wisconsin by the way!
You may want to consult a lawyer, but as was advised to Dorian Wright in their book "20 Years Gone: A Divorce Story" (available via Amazon and Google Books), their counsel directed them to create a daily journal from the time the separation is beginning, through to the divorce hearing, and make notes of exactly those types of comments and actions from your significant other. If you have a daily account of anything like that that was said, or other significant events, that can be used as testimony at the actual divorce hearing, and your significant other will need to speak on that event, under oath.
(note: even if nothing happened on a given day, simply write in the journal "no events" for that specific day, just to show the continuity)
My lawyer told me that changes to the tax law means the person paying alimony pays taxes on those funds rather than the person receiving the alimony. He also strongly suggested I call what I am paying my husband "Equitable distribution" rather than alimony to #1 not pay taxes on it and #2 not be at risk of going to jail for not paying or lying about my income/deferring income, etc. My soon to be ex would not agree to the "equitable distribution" and his lawyer added non-qualified deferred compensation to be included in my annual income for alimony purposes. I didn't even know what this meant at the time; but apparently there are a lot of loop holes that can be found in a marital settlement if not explicitly covered by a knowledgeable attorney. As the spouse paying alimony, I have actually learned from my husband's attorney all the ways around paying alimony. If I were you, I would consult an attorney. I even agreed to a clause that says I have to show my ex my tax return at the end of the year to prove I have not done anything to reduce the alimony I pay. It might be smart for you to do that.