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In a pending divorce where the husband and wife each own 50% of an LLC, the husband is refusing to provide financial data or sign the tax return. Should a forensic accountant be involved?

  • By: David Bliven

Q: We own LLC (photography) 50/50. No signed agreement. My husband would like to destroy me, the business – he lives with his wealthy mom and does not like to work. I need the business to support myself and our son.
He is refusing to give the accountant the data he is asking and signing the tax return. What can I do?
He does not care if the retainers we have already been paid are spent and the business goes down.
I’d like to get forensic accountant but I was told I must pay that – and the business will not pay for it.
So two questions – tax return and forensic accounting. There is no assets (except cameras, lights, sound equipment). He is much older than I am but does not like working and has no problem screwing our clients. I love our business and I want to keep the business going. His mom is paying his legal bills (he has spent over $100,000 already) He is not stable. My neighbor recently told my mother (she was visiting me) that she saw him once almost hitting me with his car, I fell to the ditch – and she almost called the police but did not want to get involved. Apparently the neighbors saw through his “sweet” role which I had not realized.

A: Regarding the data, if he’s withholding data necessary to complete the return, this may be an issue you’ll need to bring to the attention of the Judge/Referee. As for the forensic accountant, my question is: for what purpose are you getting a forensic accountant involved? Is s/he going to value the business? If so, do you realistically think it has a high enough market value so as to justify getting the accountant involved? Schedule a consult with a White Plains Divorce Attorney for a full assessment.

 

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