Lying in discovery (division of marital property)

[Marcy_H]

Jurisdiction

Idaho

Hi, what happens, if someone lies about or omits assets/accounts in the answers to discovery? As far as I understand, everything said in discovery is under oath. I have meaningful proof that the other party is lying about the existence of accounts. Thank you very much in advance.

 

[Zigner]

Hi, what happens, if someone lies about or omits assets/accounts in the answers to discovery? As far as I understand, everything said in discovery is under oath. I have meaningful proof that the other party is lying about the existence of accounts. Thank you very much in advance.

Your attorney can advise you about this matter.

 

[Marcy_H]

Well, I know that too, but that will take a few days and I wanted to get a first idea on it now.

 

[Zigner]

Well, I know that too, but that will take a few days and I wanted to get a first idea on it now.

You are represented. Your attorney is the best person to answer questions regarding your case.

 

[adjusterjack]

Hi, what happens, if someone lies about or omits assets/accounts in the answers to discovery?

Your lawyer gets the liar on the stand and confronts him with evidence that he's lying.

I have meaningful proof that the other party is lying about the existence of accounts.

Proof? What proof? The identity of the bank? The account numbers? Copies of current statements with his name on them?

 

[Red Kayak]

Hi, what happens, if someone lies about or omits assets/accounts in the answers to discovery? As far as I understand, everything said in discovery is under oath. I have meaningful proof that the other party is lying about the existence of accounts. Thank you very much in advance.

It depends on how much is omitted, and whether it's enough to make an issue.

In discussing this with your lawyer, consider the value in question versus the legal cost to prove your allegations. ($20K, not worth it. $200K, might be worth it.)

In spite of the verbiage on these discovery requests, it is uncommon for someone to be tossed in jail for lying in a divorce. However, there may be other legal consequences if things go to court, because if the lack of candor is obvious to the judge, credibility is affected.

Caveat: I have 0 experience in Idaho.

 

[zddoodah]

what happens, if someone lies about or omits assets/accounts in the answers to discovery?

There is no one size fits all answer to this question. Sometimes nothing happens. Sometimes the person is fined and/or jailed for perjury. The former is far more likely than the latter, and many other things are also possible.

As far as I understand, everything said in discovery is under oath.

That's too broad a statement to be true, but depositions are conducted under oath, and responses to written discovery are supposed to be verified under oath.

I have meaningful proof that the other party is lying about the existence of accounts.

Ok. That's something you ought to discuss with your attorney.

that will take a few days and I wanted to get a first idea on it now.

What will or is likely to happen depends on a bunch of information that you and your attorney have but which we don't have.

 

[Marcy_H]

Your lawyer gets the liar on the stand and confronts him with evidence that he's lying.

Proof? What proof? The identity of the bank? The account numbers? Copies of current statements with his name on them?

I have various account statements with his name on it. He doesn't list those accounts but I have pay stubs, tax returns, etc. showing the existence of the IRA accounts, contributions to 401(k) plans, etc...

It depends on how much is omitted, and whether it's enough to make an issue.

In discussing this with your lawyer, consider the value in question versus the legal cost to prove your allegations. ($20K, not worth it. $200K, might be worth it.)

In spite of the verbiage on these discovery requests, it is uncommon for someone to be tossed in jail for lying in a divorce. However, there may be other legal consequences if things go to court, because if the lack of candor is obvious to the judge, credibility is affected.

Caveat: I have 0 experience in Idaho.

Yes, it's well over $200K, more like $600K

There is no one size fits all answer to this question. Sometimes nothing happens. Sometimes the person is fined and/or jailed for perjury. The former is far more likely than the latter, and many other things are also possible.

He's hiding a large amount of money, so I hope it has legal consequences...

 

[cbg]

I have before now had employees (or the dependent/beneficiaries of deceased employees) who are able to show "proof" that the employee had a life insurance policy through the university I work for. However, on many occasions the term of the policy has expired, or the policy was moved from Carrier A to Carrier B (and in one case, from Carrier B to Carrier C). The fact that there was a copy of the policy does not prove that the policy was in force at the time of the employee's death.

Of course, you have proof that all these hidden assets are current?

 

[adjusterjack]

I have various account statements with his name on it. He doesn't list those accounts but I have pay stubs, tax returns, etc. showing the existence of the IRA accounts, contributions to 401(k) plans, etc...

With what dates?

As cbg points out, he may have had them once but might not have them now.

Of course, your lawyer can subpoena records from those financial institutions for more current information.

Take copies of all that stuff to your lawyer and TALK about what's to be done. Keep copies for yourself.