If my spouse is cashing his paycheck and giving the money to a relative to keep for him, how would this play out once our divorce proceedings begin?

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If my spouse is cashing his paycheck and giving the money to a relative to keep for him, how would this play out once our divorce proceedings begin?

How would there be any indication of what he was compensated during our marriage and would I be entitled to any of that? He has been doing this for years.

Asked on September 3, 2011 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Then he could be considered illegally hiding funds from his spouse and it will play out to his detriment in the divorce proceedings. You need counsel to subpoena his paycheck records from his employer and any W-2s etc. Then your counsel will subpoena any and all bank records your husband has (joint or otherwise) and then he will probably decide to depose your spouse and his relatives who helped keep his money elsewhere. Through all of this evidence and testimony under oath, once your lawyer is able to follow the money and locate the money and general estimated amount, then he may file a motion to the court to not only have the court order your husband was intentionally hiding assets but also to force the return of those monies or equivalent in assets.


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