Hidden accounts

What happens if your spouse hides bank accounts when submitting their financial affidavits? CS and PSS have been set and accounts have been discovered with both names on the accounts. Is that perjury? Should the spouse try to settle before court. Does the judge look down on this once in court again?

It does not look good for the spouse that intentionally does not produce all bank accounts, income information, and other financial information. It makes that spouse look dishonest, untrustworthy, and not credible to the judge.

It is not perjury unless the spouse knowingly and intentionally makes a false statement under oath to the court.

The best way to find hidden accounts, rather than rely on the other spouse to produce them, is to request specific documents in discovery (interrogatories and request for production of documents and things) and to subpoena the specific statements directly from bank or other financial institution.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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