Legal Question in Family Law in California

Taking the 5th - During Deposition

My ex recently ''took the 5th'' during a child custody deposition.

He stated that he did not have any 1099's or 1096's for his employees and subcontractors.

When he was asked to explain the $1M labor expense listed in his taxes, he ''took the 5th.''

How can I use this to my advantage?

How will this be viewed by the judge?


Asked on 11/16/07, 12:05 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Taking the 5th - During Deposition

You cannot legally use the fact he "took the 5th" to your legal advantage. However, you may be able to use the fact that the evidence you have produced has gone ncontroverted. I am curious how his income is related to custody. Are you also disputing support? If so, the court can attribute income to your ex.

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Answered on 11/16/07, 11:59 am


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