Legal Question in Family Law in California

Fraudulent Tax Returns

A party in a request for downward child support modification submitted dummied up tax returns in 2002 to get his support modified. Less than 6 months ago we obtained exhibits from a previous case in tax court showing his income in tax returns submitted to the IRS was $240,000.00 not $23.000.00 as the bogus tax returns stated. Is it a felony to submit fraudulent tax returns to the court. What position does family court usually take in a situation like this.


Asked on 10/12/07, 12:58 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Fraudulent Tax Returns

If I were you I would not request criminal charges be charged against him. Rather I would file a motion to set aside the previous child support order and ask the court to re calculate child support using the other tax returns to establish his income. Most family law court judges that I have appeared before would want to make an example of him to discourage such conduct by other parents. That approach could result in a dramatic increase in the amount of child support. This would result in a significant child support arrearage. Which you should ask the court to order the payment of interest from the date the support was due. This would further increase the amount due. This would be a much better punishment for him than jail. It would also provide more money for your to help support your child.

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Answered on 10/25/07, 8:46 pm


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