We all make mistakes. For some people, that may mean putting some less-than-perfect information in a tax return. For others, that may mean using that flawed return in a divorce proceeding. Now, to be clear, you should never cheat on your income taxes and you should never provide to a court any proposed piece of evidence that is inaccurate, misleading or false. However, even when you have made mistakes in the pursuit of a divorce, there are still limits on the actions that the judge can take. An experienced Fort Lauderdale divorce attorney can help in cases like this in many ways. Your experienced attorney can help you make sure that you avoid submitting documents to the court that lack candor and, if you’ve made mistakes before you hired counsel, your attorney also can help protect you when a judge oversteps her legal authority.
As an example of how these kinds of boundaries can work, there’s the Orange County case of M.B., who was a self-employed commercial truck driver and a husband going through divorce. At his divorce trial, the husband presented numerous financial affidavits and three years of tax returns. “The tax returns — which included deductions for business expenses and for cost of goods sold — showed a significant disparity” between what the husband actually made and what he declared as his final taxable income, according to the appeals court.
At trial, the husband disclosed that his work entailed only transporting goods, and that he did not actually sell goods. That, of course, was a problem for the husband and his case. Based on this evidence, the judge decided that the husband’s tax documents did not accurately display his true income and the judge imputed income to the husband.