My mom is taking my dad to court soon because he told the courts that he is now unemployed and has been. However, my dad is a liar. He has a plane, use to have an 8k sq ft house, but now lives on the water with 3 cars, a trailblazer, a worker van, and a limited 300 (Very expensive). The way he is getting through the system is that he has all his stuff on his wife's name. (my step mom). How can we prove that he owns the items above now that we will probably no longer be going there. He has 5 different business names (All under wives name) so he can get around the system. He filed bankruptcy earlier this year to avoid paying some people (they are now coming after him because they no he isn't bankrupt just like my mom.) One of his business's was originally made for my bros and sisters so we all have stock and my dad is the president. Could I use that to prove he is owner and such? And the plane is under the family business. However no one no longer works for it but him and his wife. He knows how to get around paying off debts and such by removing simple things from the title of business's which is why he hasn't had to pay anyone back yet. Any ideas?

Require bank records to be produced, require him to prove where the money is commming from

Quite frankly this isn't your fight. Its between your mom and dad and the courts. Its sad your being put into the middle.

Well my mom is really ignornant with the law (sad to think that I know more about it) so I'm kind of helping her find the proof. I have a question though. When I said above he made the family biz and we went to the state capital and got stocks and everything and papers from there, he made copies. Me and my mom were looking at them now and they appear to be fake, maybe they aren't but say they are, is there any way that we could say that these false documents tricked us (me and my bro who control 1/3 of the stock overall of the company) because the airplane is under this business's name. My dad never signed into this company and his name is no where on the papers nor is his wives. So if he's using it (as I have said the plane is under the name) then the business has to be official right or no? Sorry I think I made this really confusing. Basically, a plane is under a family business, however, the papers make the business seem fake, but can we still get him on this? Because if he isn't in the papers, he shouldn't be able to use the family name correct?

Not really, if he paid cash for it, or used personal credit to buy it, he may have registed it in any name he wanted, normally thiere is little proof reqired to register it in a name, the issue is if the business is just owned by him then any thing in it is his, if he does have a corporation, he has to have it filed, so you can normally check with the state department that does incorporatoins for your state, ( often available online) and it will tell you if there is a corporation by that name, who the principle owner is, and if there is a restered agent in that state.

Also if various people own stock, remember that means they own the company so if you and your brother own 1/3 who owns the other 2/3 ?

Ok, I'm pretty good at this stuff. The most imoportant information, as Fr. Chuck refurred to is, are the businesses incorporated? That makes a world of difference. As for the cars they could be in his wife's name as well. Also was the bankrupsy personal or on a business and what chapter did he file. I also have to agree with Calif that this really isn't your fight.

In addition to all the above information... Your mom should definitely take this to a lawyer and have them ask for any and all documents regarding income, businesses, bank accounts, etc as interrogatories for him and his wife. If he refuses to submit the information then you can take it to the judge as a motion to compel (when a judge can order him to produce the information). Especially if he and his wife have any joint bank accounts an argument can be made to use her income as a part of the child support equation. It stands to reason that he is "benefiting" from her income and therefore her income can be used. But it is all very complicated and really should be done properly through a lawyer.

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Originally Posted by tawnynkids

In addition to all the above information...Your mom should definitely take this to a lawyer and have them ask for any and all documents regarding income, businesses, bank accounts, etc as interrogatories for him and his wife. If he refuses to submit the information then you can take it to the judge as a motion to compel (when a judge can order him to produce the information). Especially if he and his wife have any joint bank accounts an argument can be made to use her income as a part of the child support equation. It stands to reason that he is "benefiting" from her income and therefore her income can be used. But it is all very complicated and really should be done properly through a lawyer.

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The wife's income/assets being figured into child support depends on the State - not true in all States.

Otherwise, right, interrogatories (minimally) are in order.

Your mom needs an attorney. That attorney needs to hire a forensic accountant and subpeona the books of all your dad's businesses. As stockholders in the one company, you should be able to get copies of those books. A forensic accountant can then tell if money is being hidden to avoid creditors and other financial obligations. That is fraud and can be prosecuted as a criminal offense.