Legal Question in Family Law in Maryland
stbx lied about income
when I went for my custody and support in Dec. 06, my support was based upon my stbx stating his income was from Md. state retirement/disability pension of a little over $2k per mo.
Well, papers that were submitted during discovery for our divorce show a W-2 and 1099's from the state and his old payroll and a disability company called TransAmerica totaling to over $5K per mo.!!
And he took out a home equity loan in Feb 07 and refinanced in jun 07 and the income stated on those loan apps show over $5K per mo!!!
My court date is only a week away and I just found this, what can I do? He has lied to the courts for 2 yrs about his income!!
Help! Should I just have the documents for court or can I subpeona his income records or IRS return and will it be enough time?!!
1 Answer from Attorneys
Re: stbx lied about income
It's going to be too late to get new documents unless you can get a continuance, which is unlikely. If you had retained an experienced family attorney at the beginning, he/she would have promptly conducted discovery which should have revealed the deception much earlier and given you a chance to obtain additional evidence. At this juncture, you will just have to go with what you have and request a modification of the support amount based on current income figures. You should prepare a child support worksheet under Sec. 12-204 of the Family Law Article of the Code to be submitted to the judge to show what level of support your children should now be entitled to.
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