Comments on: Remedies for omitted or hidden assets in divorce http://oregondivorceblog.com/wordpress/2009/06/divorce-remedies-for-omitted-or-hidden-assets/ Divorce and Family Law information from Stephens Margolin P.C. Fri, 03 Sep 2010 01:43:23 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: admin http://oregondivorceblog.com/wordpress/2009/06/divorce-remedies-for-omitted-or-hidden-assets/comment-page-1/#comment-6854 admin Mon, 25 Jan 2010 02:45:06 +0000 http://oregondivorceblog.com/wordpress/?p=508#comment-6854 Thanks for your comment! In our experience, this is seldom done in Oregon, but is always an option. Thanks for your comment! In our experience, this is seldom done in Oregon, but is always an option.

]]> By: A Private Investigator http://oregondivorceblog.com/wordpress/2009/06/divorce-remedies-for-omitted-or-hidden-assets/comment-page-1/#comment-6846 A Private Investigator Sun, 24 Jan 2010 08:41:45 +0000 http://oregondivorceblog.com/wordpress/?p=508#comment-6846 Sometimes it is necessary to hire a private investigator to discover assets that have been hidden using a corporate veil. Sometimes it is necessary to hire a private investigator to discover assets that have been hidden using a corporate veil.

]]> By: admin http://oregondivorceblog.com/wordpress/2009/06/divorce-remedies-for-omitted-or-hidden-assets/comment-page-1/#comment-6839 admin Sat, 23 Jan 2010 22:07:13 +0000 http://oregondivorceblog.com/wordpress/?p=508#comment-6839 The consequences for deliberately hiding assets during a divorce are covered under statutory law. Specifically ORS 107.452, which is copied below. The issue you are describing is more of a discovery issue. First, you should consult your attorney. Second, if discovery has been properly requested and not produced a motion to compel can be filed. The issue before the court would be whether or not the asset information relates to the reasons for the initial provision of support and/or the current change in circumstances. ORS 107.452 Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties: (a) Existed at the time of the entry of the judgment; and (b) Were not discovered until after the entry of the judgment. (2) If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances. (3) If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order: (a) The division of the appreciated value of the omitted assets; (b) The forfeiture of the omitted assets to the injured party; (c) A compensatory judgment in favor of the injured party; (d) A judgment in favor of the injured party as punitive damages; or (e) Any other distribution as may be just and proper in all the circumstances. (4) The court may award attorney fees on any motion filed pursuant to this section. The court shall award attorney fees to the moving party if the court finds that assets were intentionally concealed and thereby not included in the distribution of the marital estate. (5)(a) A motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment. (b) A motion alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission but no later than 10 years after the entry of the judgment. (6) A motion under this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court’s order in the appellate court within seven days after the date of the trial court order. Any necessary modification of the appeal required by the trial court order shall be pursuant to rule of the appellate court. [1995 c.800 §6] <em>Please note that this response should not be considered legal advice or relied upon as such. </em> The consequences for deliberately hiding assets during a divorce are covered under statutory law. Specifically ORS 107.452, which is copied below. The issue you are describing is more of a discovery issue. First, you should consult your attorney. Second, if discovery has been properly requested and not produced a motion to compel can be filed. The issue before the court would be whether or not the asset information relates to the reasons for the initial provision of support and/or the current change in circumstances.

ORS 107.452 Reopening case if assets discovered after entry of judgment. (1) A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties:

(a) Existed at the time of the entry of the judgment; and

(b) Were not discovered until after the entry of the judgment.

(2) If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances.

(3) If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order:

(a) The division of the appreciated value of the omitted assets;

(b) The forfeiture of the omitted assets to the injured party;

(c) A compensatory judgment in favor of the injured party;

(d) A judgment in favor of the injured party as punitive damages; or

(e) Any other distribution as may be just and proper in all the circumstances.

(4) The court may award attorney fees on any motion filed pursuant to this section. The court shall award attorney fees to the moving party if the court finds that assets were intentionally concealed and thereby not included in the distribution of the marital estate.

(5)(a) A motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment.

(b) A motion alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission but no later than 10 years after the entry of the judgment.

(6) A motion under this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court’s order in the appellate court within seven days after the date of the trial court order. Any necessary modification of the appeal required by the trial court order shall be pursuant to rule of the appellate court. [1995 c.800 §6]

Please note that this response should not be considered legal advice or relied upon as such.

]]> By: Robin DesCamp http://oregondivorceblog.com/wordpress/2009/06/divorce-remedies-for-omitted-or-hidden-assets/comment-page-1/#comment-6794 Robin DesCamp Tue, 19 Jan 2010 19:49:41 +0000 http://oregondivorceblog.com/wordpress/?p=508#comment-6794 Are the consequences for deliberately hiding assets during a spousal support modification the same as during divorce? For example, payor moves for modification, seeks discovery from payee, payee hides significant assets, payor finds out about said assets. Thanks! Are the consequences for deliberately hiding assets during a spousal support modification the same as during divorce? For example, payor moves for modification, seeks discovery from payee, payee hides significant assets, payor finds out about said assets. Thanks!

]]> By: annie http://oregondivorceblog.com/wordpress/2009/06/divorce-remedies-for-omitted-or-hidden-assets/comment-page-1/#comment-2886 annie Sun, 19 Jul 2009 03:48:32 +0000 http://oregondivorceblog.com/wordpress/?p=508#comment-2886 thank you for this very useful post thank you for this very useful post

]]> By: Penny Moon http://oregondivorceblog.com/wordpress/2009/06/divorce-remedies-for-omitted-or-hidden-assets/comment-page-1/#comment-2515 Penny Moon Mon, 29 Jun 2009 20:18:02 +0000 http://oregondivorceblog.com/wordpress/?p=508#comment-2515 I owned a Business with my ex and when divorce was signed assets from that business were not addressed . Titles to equipment were held in hiding by a business associate and my ex . I want what I earned to and I am entitled to . PLEASE HELP... I owned a Business with my ex and when divorce was signed assets from that business were not addressed . Titles to equipment were held in hiding by a business associate and my ex . I want what I earned to and I am entitled to . PLEASE HELP…

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