Chen Xiang Xia

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New or updated sections
- Dentist Dispute, unrecorded/unreported cash flow.
- Anger and Trust.
- Recording of my Mortgage company calling to inform me Xia was impersonating me.
- Updated Evasive Money Patterns and Name section
- Updated Quick Summary, Below.
- Morales v. Carvajal 53 A.D.3d 514, 60 N.Y.S.3d 228 (2d Dep’t 2017)
  - reimbursement for payments on marital debt
- Sawin v. Sawin, 128 A.D.3d 663, 7 N.Y.S.3d 589
  - shared marital debt divided
- Epstein v. Messner, 73 A.D.3d 843, 900 N.Y.S.2d 454 (2d Dep’t 2010)
  - reimbursement of marital debt paid
- Rosen v. Rosen, NYLJ, 10-9-90, P. 31, Col. 5, Sup. Ct., Kings Co. (Rigler, J.)
  - impute camoflauged income
- Barnes v. Barnes, 106 A.D.2d 535, 483 N.Y.S.2d 358 (2d Dep’t 1984)
  - home given to wife when husband contribution very little
- Maldonado v. Maldonado, 100 A.D.3d 448, 955 N.Y.S.2d 2 (1st Dep’t 2012)
  - imputed income despite tax return data
- Isaacs v. Isaacs, 246 A.D.2d 428, 667 N.Y.S.2d 740 (1st Dep’t 1998)
  - impute income based on cash and perks received
- Kosovsky v. Zahl, 257 A.D.2d 522, 684 N.Y.S.2d 524 (1st Dep’t 1999)
  - impute manipulated business income
- Wesche v. Wesche, 77 A.D.3d 921, 909 N.Y.S.2d 764 (2d Dep’t 2010)
  - impute higher than claimed income
- Rooney v. Rooney, 92 A.D.3d 1294, 938 N.Y.S.2d 724 (4th Dep’t 2012)
  - regular and systematic cash gifts
- Calandra v. Calandra, 303 A.D.2d 704, 757 N.Y.S.2d 574 (2d Dep’t 2003)
  - impute concealed income
- Baron v. Baron, 71 A.D.3d 807, 897 N.Y.S.2d 456 (2d Dep’t 2010)
  - false claims of closing business
- Whispell v. Whispell, 144 A.D.2d 804, 534 N.Y.S.2d 557 (3d Dep’t 1988)
  - lower maintenance because of low contribution
- Robbins-Johnson v. Johnson, 20 A.D.3d 723, 802 N.Y.S.2d 255 (3d Dep’t 2005)
  - imputed income witholding information
- Orlando v. Orlando, 222 A.D.2d 906, 635 N.Y.S.2d 752 (3d Dep’t 1995)
  - impute income based on ability to earn
- Brown v. Brown, 239 A.D.2d 535, 657 N.Y.S.2d 764 (2d Dep’t 1997)
  - impute income based on prior years evidence
- Cymes v. Cymes, 235 A.D.2d 312, 653 N.Y.S.2d 4 (1st Dep’t 1997)
  - failure to disclose information
- Pelletier v. Pelletier, 242 A.D.2d 325, 662 N.Y.S.2d 64 (2d Dep’t 1997)
  - pension during marriage marital asset
- Rocanello v. Rocanello, 254 A.D.2d 269, 678 N.Y.S.2d 385 (2d Dep’t 1998)
  - impute income historical earnings and potential
- Sade v. Sade, 251 A.D.2d 646, 675 N.Y.S.2d 119 (2d Dep’t 1998)
  - no maintenance husband low contribution
- McGrath v. McGrath, 261 A.D.2d 369, 689 N.Y.S.2d 200 (2d Dep’t 1999)
  - impute income despite what is claimed
- Goudreau v. Goudreau, 283 A.D.2d 684, 724 N.Y.S.2d 123 (3d Dep’t 2001)
  - impute income based on capacity
- Liepman v. Liepman, 279 A.D.2d 686, 717 N.Y.S.2d 790 (3d Dep’t 2001)
  - offset asset value for debt
- Bittner v. Bittner, 296 A.D.2d 516, 745 N.Y.S.2d 559 (2d Dep’t 2002)
  - intentional or not current income not only factor
- Anonymous v. Anonymous, NYLJ, 6-5-96, P. 31, Col. 5 Sup. Ct., Suffolk Co. (Lifson, J.)
  - communications to destroy career
- Hirsch v. Hirsch, NYLJ, 3/31/93, P.25, Col.2 Sup.Ct., Nassau Co. (Winick, J.)
  - secret assets uneven distribution
- Miller v. Miller, 197 A.D.2d 70 (2d Dept. 1994)
  - wife could have contributed but didn’t uneven division of assets
- Hughes v. Hughes, 305 A.D.2d 601 (2d Dept. 2003).
  - wife didn’t contribute uneven distribution of assets
- Kawasaki v. Kasting, 124 A.D.2d 1034, 508 N.Y.S.2d 762 (4th Dep’t 1986)
  - higher percentage of assets to cover debt
- Mosso v. Mosso, 84 A.D.3d 757, 924 N.Y.S.2d 394 (2d Dep’t 2011)
  - debt equally shared
- Grasso-v.-Grasso, 47 A.D.3d 762, 851 N.Y.S.2d 213 (2d Dep’t 2008)
  - Error to hold debt 100% to husband
- McCallum v. McCallum, 237 A.D.2d 891, 654 N.Y.S.2d 522 (4th Dep’t 1997)
  - apportion debt to paid expenses
- Schaeffer v. Schaeffer, 142 A.D.2d 568, 530 N.Y.S.2d 234 (2d Dep’t 1988)
  - standard 50% division

Quick Summary

Why is this here? This is here because Xia quit her job, filed for a divorce, claimed to have nothing, and proceded with settlement offers from her attorney based on fabricated information which would cause an alimony calculation to exceed $2,000 per month. She can rightfully make claims on my pension, and half the value of our marital residence ($107,500 each person). However she doesn’t agree. While we can see from a financial analysis we can see that she contributed to much less than 50% of our daily household expenses, yet she denies her responsibility to be partially liable for our debt. We can also see that she had the money to contribute to 50% of our household expenses, and has maneuvered her business in a way so as to make it appear that she earned less money than she actually does, and is attempting to change the narrative so as to make us perceive that the business doesn’t exist for the purposes of gaining alimony. These are all my opinions, and I have backed each statement with evidence, analysis and logic. I have included all possible detail and continue to add evidence that I can find, prove, and capture.

2003 Married in Zhangiang, China
2004 Max was born.
2005 -2010 I worked at Sun Yat Sen University (full-time), Guangzhou English Training Center (part-time), and Panyu Middle School (Fridays).
2010 we moved from Guangzhou, China to Brewerton, New York.
2011 to 2015 I worked at Paul Delima Coffee in Cicero, New York.
2012 – 2014 Xia started an online business exporting and selling U.S. products to China from our house in NY.
2015 – Current, I worked at New York State Department of Taxation and Finance
2019 Xia Registered a Business in Albany, County
2019 Reported Gross Income $10,957 from her business on our 2019 tax return.
2019 Purchased a Chevrolet Trax for around $22,000 cash.
2019 Xia gave me $35,000 cash to pay off our credit cards, and secure a lower mortgage payment.
2020 Xia contributed $10,000 to refinance our house.
2021 We both contributed half ($11,000) on a $22,000 car for our son Max.
2021 We decided to divorce when Max graduated from High School giving Xia time to go back to school and employment.
2021 Xia began reducing her contributions to our household.
2021 Xia told me she closed her business (DBA in Albany County).
2022 Xia paid around $7,400 for her own college. A certificate program costs around $9,000, amazon contributed $2,625.
2022 Xia Purchased a 2021 Jeep Wrangler $30,000.
2023 Xia received an associates degree.
Between 2020 and 2024 there were 747 Calls to Shipping companies.
2024 Claims to receive a gift from her parents of $800 per month.
- There are ATM withdraw receipts totaling over $800 in a month from Chinese bank accounts.
- There are ATM cash deposit receipts over $800 in a single day.
- There are statement entries for cash deposits, ACH deposits, Zelle deposits, and check deposits over $800 in a day.
- There are over ($800 X 12) $9,600 in deposits on her bank statements in a year.
- There are a over $127,000 in cash deposits from Xia to either her account or my account between 2019 – 2023.
There is cash withdrawn from Chinese bank accounts that is not reflected in her bank statements, income statements, or any other statements.
- Cash Given To Me
  - 2019 $42, 750
  - 2020 $8,140
  - 2021 $7,520
  - 2022 $3,090
  - 2023 $2,750
There are NO cash withdrawals from her personal account from 2019 to 2023 according to the bank statements she provided.
There are NO cash withdrawals from her business accounts from 2019 to 2023 according to the bank statements she provided besides the cash withdrawn when she closed her business account in the amount of $10,509.47.
There are many payments to shipping companies from 2019 to 2024 according to the bank statements that she provided.
Xia has sales between $542,068 and $1,108,965 annually.
Xia, according to the logic of her schedule C, earns between $54,068 to $110,800 in Net Profit annually, not $10,600 as claimed on her 2020 tax return. This understanding is limited by the blind data view between her sales in China, holdings in China, and transfers to the U.S. There is an X value in China that she has not submitted on.
In 2022 While Xia worked part-time at Amazon making $22,792 (2023 Tax Return), she contributed 20% of her salary, $4,683 to her Amazon 401k account.
2024 Request for Temporary Spousal Maintenance

The Start of Her Business

In the summer of 2014 my son was 9 years old. Here is a picture of Max (bottom center) and his friend Dillon, our neighbor, in 2014, in Brewerton, NY. We can determine that it’s 2014 using the properties of the image. When we look at the properties of the image we can see that this picture was taken on 10/13/2014. While the timestamp does say AM, it’s simply a lack of setting the time on the camera from a Beijing timezone to a New York time zone which is exactly 12 hours different. As we continue to look at the property details we can see that the camera used is a Canon PowerShot SX510 HS, a camera purchased in China.

Here is another photo taken around the same time, with the same camera, a Canon PowerShot SX510 HS. Notice the products, Azo with red and white bottle. Azo with blue and yellow box. Azo with red box, ZzzQuil. etc. Date taken 10/19/2014.

And here are some more pictures taken around the same time, using the same camera, for reference.

In 2014, Xia was exploring her product mix. During this time I would drive her to store(s) and she’d purchase products to resell. She would bring them home and take photos of them. She’d pack them, I’d drive her to the Post Office where she would send them off to China. Once they were in China her and her brother would post them to their website and they would both communicate with buyers via Taobao and Taobao related online apps.

At one point, she started to make a lot of sales of one of the products above, Miconazole. It turned out that it’s not always safe for people to use and the 广东省公安厅 Guangdong Public Security Bureau visited her brother in China. He got into some trouble, but ultimately was let off with a warning with a promise not to continue to sell Miconazole. So she stopped sending that.

She continued to sell her products to China. Azo, Dietary Supplements, Vitamins, Tampons, etc. At first, it seemed harmless. A few dollars here and there. I’d drive her to the store once a month, once a week. But eventually it started to become a burden. One of the nearest stores was Target, and Target offered good deals on shipping to our house so she started to use my Target card and ordering online. One day around 2015, we received a letter saying the Target Red Card could not be used for business purposes. And they stopped my account from being able to order online.

In 2015 I began working for New York State Tax Department as an entry level field agent. In learning about my own responsibilities as a public employee, and representative of the Tax Department I began to talk to Xia about registering her business and filing income taxes. I explained multiple times that she could potentially get herself in trouble, and that I could be terminated from my job if she caused an issue with our taxes. She argued and shrugged it off saying she wasn’t making much money at all.

As time went on and my job began to develop more, and her business continued to develop and in March of 2017 we moved to Albany so I could seek further opportunities in the Tax Department. She continued to order and send products to China to sell on Taobao.

Over time our discussions became more intense and more serious about her registering a business, and filing taxes. I was being promoted, and doing well in the tax department, and she was doing very well with her business, except she wasn’t operating a legal business. By 2018 I had finally had enough and said I wouldn’t drive her to the Post Office or to the stores any more.

She decided to get her drivers license. She bought a 2019 Chevy Trax LX and paid around $22,000 cash for the vehicle using money earned from her business.

She wasn’t yet a confident driver and had an idea to send the products to a freight forwarding company instead of going to the post office. She asked me to drive her to:

Cross World Express
41-61 Bowne St. 1st FL,
Flushing, NY 11355

Once Xia gained the ability to drive, her business activities became significantly more frequent, resulting in increased sales and shipments. I expressed my concerns to her, highlighting that her failure to properly register the business and file tax returns could lead to legal consequences. I also emphasized the potential risk to my own position at the Department of Taxation and Finance.

Xia frequently worked late into the night and early morning hours because of the time-zone difference in China, engaging with customers on platforms such as WeChat and Taobao. During the daytime, her brother and/or sister in China would assume responsibility for customer service. In some instances, shipments were directed to her brother or other relatives for local redistribution, while at other times, the shipments were sent directly to customers in China. She was often awake late in the night when I had to work the following morning which caused disruption in both of our sleeping habits. She decided to move to another bedroom of the house.

In 2019, Xia and I talked about pursuing a divorce once our son Max completed high school. We went back and forth and attempted reconciliation, but we just weren’t happy together. She felt that I didn’t communicate enough, I felt that she was earning more money than she was letting on, and that her contributions weren’t fair. Moving to Albany increased our financial burden quite a bit. Xia agreed to help out with the bills more since they were beginning to pile up. She contributed $35,000 to catch us up on our bills. On 2/26/2019 I deposited $35,000 cash into my account. This caught us up on many of our outstanding debts and we were able to reduce our mortgage bill from $1,300 to $1,100 per month. She will later make claims that I “took” this money from her and that she doesn’t know where it went. Shown below, it went directly to the mortgage company and to credit card companies. She will also later claim that this money was used for an affair. But has yet to admit that I was paying an unfair percentage of our bills over her small percentage contributions.

The contribution went directly toward the credit card bills and toward the reduction of our mortgage payment.

On 6/23/2019 there was an incident during a conversation about our upcoming divorce leading me to call 911. Below is a copy of the police report.

Police_Report Download

She will use this events in many arguments later saying that I forced her to hurt herself, and she will use these events also refer to this event when I disagree with her to pursuade me to agree with her.

After these discussions and events, and my discussion with her about how serious it can be if she didn’t register and file her taxes, she agreed to register her business.

In 2020, she agreed also to file taxes. Income for the business was reported based on the figures provided by Xia. She declared total sales of $128,655 and a gross income of $10,957. As you will see from our financial analysis based on financial statements provided to the court by me, and financial statements provided to the courts by Xia, that while Xia claimed $128,665 in Gross receipts, she only has $98,933 in total deposits to her U.S. Bank accounts.

On 4/15/2020 I noticed some weird traffic on our network leading to Match.com. Thinking it was my underage son using the dating service I began to look at the service to see if I could find his profile. When I could not find his profile I suspected Xia might be using the service. I then found her profile, listed as “Amy”, who wanted to “live ‘out in the country’ and have horses”, and wasn’t there to “play”. I didn’t bring this up until much later in conversation. She would go out sometimes, including a time when she went to round lake to meet with one of her “friends”. A gentleman who lived at round lake that she would admit to visiting later who promised to divorce his wife but seemingly never did. She will later say that she had this account to find me on the account. It doesn’t seem plausible to use multiple pictures, and write a full profile on an account meant to find someone else.

During this time I did almost all of the grocery shopping (See Financial Statement). We each did our own laundry, she did Max’s mostly. See text messages. We each sort of did our own cooking while sometimes sharing the role. I did all outside and inside residential maintenance. I was responsible for paying all household and family related expenses. Between 2012 and 2019 Xia contributed cash or check payments contributing to our household expenses, but always argued over the amount of $1,300 being half and often gave an excuse why her half wasn’t the agreed upon $1,300. After 2019 her contributions were steadily decreasing, even after a conversation agreeing that half was in fact $1,300. She continued to contribute various amounts ranging from $0 to $1,300. During this time I began to fall behind in credit card debt.

Grasso v. Grasso, 47 A.D.3d 762, 851 N.Y.S.2d 213 (2d Dep’t 2008) Comment: Error to hold husband responsible for 100% of parties’ marital debt as well as all the marital debt that was in wife’s name. Error to preclude husband from offering evidence in support of his contention that loan was taken against his 401(k) to satisfy marital debt. Maintenance: to wife Exclusive Occupancy: Ordered sold Property Distribution to Wife: 50% of net proceeds of sale of marital residence after credits for separate property contributions

Around 2019, after a fight and another discussion of divorce, Xia began to express concerns to me regarding a decline in her business sales and indicated her intention to seek employment, and further her education in accounting. You will see that this expressed decline in her business activities is not reflected in her financial statements. It’s just better hidden. She planned to first obtain a certificate in accounting, followed by an associate’s degree. It is worth noting that Xia has previously pursued higher education, earning various certificates and degrees while residing in China.

In July 2020 Rocket Mortgage was offering more favorable interest rates, and with my credit card debt increasing I thought it was a very good time to refinance. Rocket Mortgage agreed to refinance with the new rates and take in the credit card debt that we had, but they were only willing to refinance if I added my car loan. Which I did. The following were included in the refinance. Xia contributed $10,000 to refinance, and signed the refinance papers agreeing to the terms.

An email received by me from Xia 8/19/2020, reconfirming plans to divorce and what she would do in the future.

On 10/1/2020 I was traveling for work when I left my computer at home unlocked. Xia discovered some images leading her to believe that I was having an affair. I had a friendship in 2017 that ultimately lead to an affair. My friend was there for me when I needed to talk. She was kind to me. We enjoyed time together, something that Xia and I did not. While Xia was texting me about the photos and these events, I asked Max to go turn off my computer.

I have programmed computers one way or another since I was around 9 years old. I received a Radio Shack Tandy 2000 and a bunch of books for Christmas from my parents. I spent countless hours typing binary code into my computer. There were no operating systems, no Windows, no mouse, no fancy images. Just a green screen, 1’s, and 0’s.

01010100 01101000 01101001 01110011 00100000 01101001 01110011 00100000 01100010 01101001 01101110 01100001 01110010 01111001 00001010

And from that time (1980’s) I kept up with each and every change. I’ve learned many computer lanaguages, and even to this day work with data, programming, and analytics. My point is. When a security feature is turned off my computer, there is a reason a security feature is turned off my computer. I know that. I know that I have 3 minutes before my PC times out and goes black. This is in case I walk away from the PC, the PC locks. But not this day. On this day I put a few images into my pictures folder and left for the night. I had a meeting early the next morning in White Plains. If the PC was on, it would not lock after 3 minutes. It would not lock at all until the PC was turned off, and turned back on.

Why would someone who knows about computer security turn off the thing that is meant to secure it? Around this time, Xia was being really hard on Max and his studies. Max loved to play PC games, and he loved to use his computer. And sometimes when she felt that he was not studying enough, or not trying hard enough she would complain, and yell at him, and dig into him. And this sometimes became habitual to the point that I thought she was negatively affecting his self-esteem. She was being really absolutely too hard on him. And when he didn’t listen she would ask me to back her up and also put pressure on him to study more. He had A’s in school. He had occasional B’s on papers. He was a perfect student and he knew what he had to do. But she made him feel bad. She shamed him. She guilted him. She yelled and screamed at him. She needed something else to focus on so that he could have some relief. So, I stacked my “Pictures” folder, a folder I would never normally use for pictures, with pictures about my affair so that when she saw my PC was on, and open, and I was not there, she could easily click into the “Pictures” folder and find something worth seeing. And after that day, she needed an ally, not a target. I don’t mean that she intentionally targeted Maximillian in a some evil way. I mean her mind tends to fixate on things, and once she is fixated on things it’s hard to get her move her attention away from that thing. She stopped over criticizing Max, and he was trusted to do the right thing.

An email received on 10/30/2020

She refers to her as “old lady” because that really bothered her. The fact that my friend was older than me, older than her. She once said to me, “It’s ok if you have a girlfriend, but find one that is younger than me”. It was never about love. It was when she got it into her mind that I spent money on her, that she started to complain. From the very beginning it’s been about money. That’s the saddest part of it. It was about money then, it is about money now. My friend, we went “dutch” on everything. There was never an imbalance. There was never exuberant spending. Nothing like that. It was about sharing happy times together.

I never considered Xia a bad person. It was true by this point that I hated to hear her yell at me and complain. I think we were both at the same point, we didn’t want to feel bad anymore. She wasn’t nice. But my behavior in this situation wasn’t nice either. I completely understand that.

In December 2020, we purchased a 2021 Subaru Crosstrek for our son Max. We paid in cash with both of us contributing half, around $11,000 each.

We went back and forth between divorcing and not divorcing. We told our son that we were attempting to reconcile and Xia told Max that she had forgiven me for the affair and that he could too, and that everything was ok. And even though we attempted to live together, and try to make amends, other than sporadic visits to my bedroom she would continue to sleep in her own room. And when asked about it she said she didn’t want to keep me awake at night, which I appreciated. This sort of attempted reconciliation went back and forth all the way until late 2023.

During a discussion regarding alimony with Xia, I explained that her reported income would influence the amount of alimony I would be required to pay if we divorced. In response, Xia promptly terminated her DBA by filing a Certificate of Discontinuance with Albany County. Even though the expiration date noted below says 12/31/2022 Xia has maintained that she has had no business since 12/17/2021. The only tax year she filed for her business was money made during 2019, on the 2020 tax return.

An email to me from Xia 5/5/2021. This email in 2021 is what her message to me about money has been leading up to. Until 2019 she contributed normally. After 2019 she helped some. After 2020 she can help very little. And 2021, she states that she “has nothing” and contributed very little stating that her only income was her part-time job, and that she had to pay for college and her car payment. Again, you will see in the financial statements and analysis that this is simply not true. You will also see in her website analysis that this is not true.

While I don’t agree with the financial figures here, and don’t agree that she was a housewife for 16 years, or that she is saying that she is “poor”, which we can see later in the Financial Analysis. So far, total contributions are $45,000 + monthly contributions which are recorded here. And of course the discussion of pension, her share is her share in accordance with the laws of New York.

Here are some examples of my thoughts on her being a housewife. Early on, when Max was very little, pre-school period, I would have agreed. But when she started to run her own business, I would vehemently disagree. She often relied on me, and Max to do things for her while either refusing to offer the same courtesy or simply not doing it. The cat, and chickens were hers. She didn’t cook every day. She didn’t do laundry every time. This set is from our group chat. Blue is me. Xia and Max are labeled with their names. And I’m not saying she didn’t do anything. I’m simply implying that she was not a full-time house wife or a stay at home mom as she has claimed. There was almost nothing asked of her in the household.

This statement, from her text above, is a statement that has morphed into many tales told to and by my family members.

“I saved some money, then you already took it (about $80,000). I have nothing Dan.”

This statement bothered me the most out of anything. And she has repeatedly told my family things along these lines. Saying that I basically stole from her and did something with the money. We’ll see below where she didn’t contribute her fair share to our household expenses and how bills built up, and then demontrated above, she contributed lump sums. I also showed that when she did contribute lump sumps, that it was paid toward those bills. But then, as you will see in the Financial Analysis that she continued to not contribute her fair share. And while doing so she would often cite the fact that she contributed a lump sum, “last month”, “last year”, “3 years ago”,. etc. Which created a cycle of giving and withholding, and the building up of debt.

McCallum v. McCallum, 237 A.D.2d 891, 654 N.Y.S.2d 522 (4th Dep’t 1997) Comment: error to refuse to apportion repayment of debt incurred for payment of marital expenses Years Married: 10 Ages/Income: Husband $37,000/yr; Wife ? Maintenance: $200/mo for 2 years Property Distribution to Wife: each party directed to pay one-half of marital debt

I never really understood the situation with her Dad. Her dad is very old, and he is retired. When he worked a normal job, he worked on a shipping boat. He’s not wealthy. As a side gig he would sell cigarettes to sailors at the dock. What I think is happening is, she runs this business, but since she can’t sell to China directly from the United States without someone in China, she works with her brother for sales and distribution. I believe her Dad however, controls the cash flow because of traditional family heirachy structure. She sells online. Her brother sells online. Her dad holds the purse strings. In this way somehow, it becomes in Xia’s mind, something like “asking for money” which will later be said as “borrowing” money. In reality, it’s her money. But in a traditional Chinese family where many people live in a single household, I can sort of understand how the patriarch of the household may be able to control a daughter’s belief in what is her and what is her family’s.

In 2021 Xia worked for Amazon part-time at night. She first began working during the day full-time. After the first couple of weeks she changed to early evening shift and worked part-time. She needed her night-time hours to continue operating her business.

On 2/14/2022 Xia purchased a new 2021 Jeep Wrangler worth about $30,000. She traded in her fully-paid 2018 Chevy Trax and currently has a monthly payment of around $250.00. The trade in value of her 2018 Chevy Trax would have been around $7,300 according to Kelly Bluebook.

Her current payments for her 2021 Jeep are around $250 per month. For her to purchase a $30,000 car, trade in $7,300 car she’d have had to pay around $8,500 as a down payment which is not reflected in her financial statements. Which means she paid cash.

In 2022 she continued to work for Amazon part-time at night.

2023 Our son Max graduated from High School and went to college. Xia completed her certificate in accounting at Hudson Valley Community College.

A certificate at Hudson Valley Community College is a 33-credit program with tuition and fees of approximately $273.00 per credit hour with all fees The total for the certificate is $9,009.00. According to (Amazon Career Choice) literature found online since Xia worked part-time, she would be eligible for $2,625 per year compensation from Amazon.

An associate’s degree in accounting requires 62 credits which includes her already earned 33 credit certificate. The cost per credit hour is $273.00 as stated above for another $8,947 with $2,625 potentially paid by Amazon. Xia ended her certification program and associates degree with no student loans.

During the time that she studied at HVCC, when it was time to make a contribution toward our monthly expenses she would often give the excuse, “I have little income”, or “I have to pay for college.” In another context, when I ask how it is that I had to borrow to pay for college, and she owes nothing, she says “Amazon paid all my tuition.” And when I ask how I have credit card debt and she owes nothing, she says “Those are your bills”, because they are in my name.

Case: Morales v. Carvajal, 153 A.D.3d 514, 60 N.Y.S.3d 228 (2d Dep’t 2017) Property Distribution to Wife: Plaintiff was entitled to receive a credit against the proceeds of the sale of the marital residence for the money that he paid to reduce the balance of the mortgage during the pendency of the action. The plaintiff made these payments without any contribution from the defendant. Where, as here, a party has paid the other party’s share of what proves to be marital debt, such as the mortgage, taxes, and insurance on the marital residence, reimbursement is required. Credit card debt incurred prior to the commencement of a matrimonial action constitutes marital debt and should be equally shared by the parties.

Sawin v. Sawin, 128 A.D.3d 663, 7 N.Y.S.3d 589 (2d Dep’t 2015) Comment: Although credit card debt incurred prior to the commencement of a matrimonial action constitutes marital debt and should be equally shared by the parties, debt incurred after the commencement of a matrimonial action typically is the responsibility of the party who incurred the debt. Nonetheless, debt incurred in connection with household living expenses and clothing for the parties’ children is debt that can be divided between the parties, even if incurred after the commencement of such an action. However, debt incurred for the purchase of personal items for one of the parties cannot be so divided.

In 2024, Xia filed for divorce, finished her studies with an associate degree in accounting, and quit her part-time job at Amazon. She then proceeded to state how she had nothing, and tried to send outrageous settlement offers for various amounts to my attorney.

Orlando v. Orlando, 222 A.D.2d 906, 635 N.Y.S.2d 752 (3d Dep’t 1995) Comment: Child support not necessarily determined by current financial condition; court has discretion to attribute/impute income based on ability to earn; child support based on needs/standard of living where both parents took 5th Amendment re tax return Child Support: $200/wk + all of children’s unreimbursed medical expenses Maintenance: $200/wk for 3 years

During this period, I actively assisted Xia in seeking employment, even while she was filing for divorce. Please refer to the email from 2/12/2024 chain below, which includes instances where I drafted email layouts for numerous job postings on her behalf, discussions regarding the divorce, and her notification about the broken heater.

Her direct response on 2/14/2024 was that I needed to be served divorce papers. And soon after, 2/14/2024, I need to come and repair the heater. I was living in my car, and with friends at the time, not with her at home. I did come and repair that heater the very next day by replacing a $300 blower motor over about 7 hours of work. She didn’t offer to help pay for it, or say thank you.

Additionally, during this period, she consistently expressed distress about having nothing, while emphasizing that I have a stable and well-paying job. Here she is referring to her job as a food delivery person part-time after quitting her job at amazon.

She quit her job at Amazon. She was in a bind to get a job so that it didn’t appear to the court that she quit her job to get higher alimony payments. Which she did. She has lived in the United States for over 10 years, she has studied English for over 30 years while in China, and she has taken college level courses in the United States and has earned a certificate and a degree in accounting. All those classes were taught in English. And as far as me being responsible, and me helping my family, I have always been responsible, and I have always done the very best I could with everything which we’ll see in the financial analysis. It’s me with two or three jobs working consistently for 20 years for this family. All the way until the end, which you see in the financial analysis later.

Even during all of this, 4/10/2024, she asks me to help with her New York State interview questions. Which. I. Do.

On 7/19/2024 a settlement offer was given to my attorney by her attorney for me to pay $934 biweekly plus $50 for pet insurance for 9 years. In this settlement I would also have to give 1/2 of the proceeds from the sale of our house, 1/2 of the marital share of my NYS Pension and I would pay $5000 towards her counsel fees. This could only be possible, if she reported ONLY her part-time job and said nothing about her business.

On 9/20/2024 I was given an order to show cause why I couldn’t meet the demands of a temporary maintenance request. This request asked me for $7,500 for her attorney fees, as well as $2,147 per month. This ALSO is only possible if she isn’t being honest about her business.

Her Ongoing Business

In a conversation with Xia , I inquired about reporting income from her business. She stated that she did not have a business and that I could not provide evidence of any ongoing business activities. In her words, “You can’t prove it.”

Robbins-Johnson v. Johnson, 20 A.D.3d 723, 802 N.Y.S.2d 255 (3d Dep’t 2005) Comment: Counsel fee awarded for opposing repeat motion. Court imputed $100,000.00 income to husband based upon his admitted salary and augmented by finding that he intentionally withheld information concerning his actual income. Years Married: 10 Ages/Income: H AGE: 58 H INCOME: W AGE: 48 W INCOME:$0 Maintenance: $800.00 per week for 8 years decreasing $100 per week each year Property Distribution to Wife: 48% of the marital property

I had previously raised this concern with my lawyer, expressing my belief that she might still be conducting business, although I lacked concrete evidence. Consequently, I began searching for documentation to substantiate the continuation of her business. She continued to state that she only had a part-time job, and couldn’t get a job.

On January 1, 2024, I photographed Xia’s computer in an attempt to capture the name of her shipping company from one of her shortcuts thinking she might try to say she didn’t do business. I reviewed this photograph on my phone in July of 2024 but did not find the name of the shipping company.

However, the image does display some background information related to her school courses, as well as a chat screen. On the chat screen, the username “Jazzmagine” and a product named “Vagisil” are visible. Additionally, the photograph shows our dining room table and curtains at 34 Stonybrook Dr Selkirk, NY. In a later Email Xia will say that her brother has never given her access to anything to do with the account. I’m going to walk you through how I got to her website, the website that has existed since 2014 in one form or another.

If you search for the screen name using a standard search engine, you may not find much information. However, I utilized Baidu, a search engine popular in China, to conduct a search for the screen name and terms related to “Vagisil.” The search results included “Jazzmagine” and “Azo,” which, although not identical, are similar and display listed prices.

Those links bring you to an aggregation site:

After clicking on several search results, I was directed to the Taobao website. Taobao operates similarly to Amazon or eBay, allowing sellers to establish online stores and market their products. Following a few additional clicks, I encountered a site that I recognized: https://shop36045372.world.taobao.com

The date at the bottom of the screenshot says 7/22/2024.

The header of Chen Xiang Xia’s shop features statistics that are aggregated and published by Taobao. This statistical information is automatically calculated and displayed by Taobao on the header of all active shops who have selected it to be shown to the public, that is, someone who hasn’t signed in. Additionally, the header included a picture of Chen Xiang Xia. The picture on the top left was a picture of Chen Xiang Xia at her graduation ceremony in 2024 wearing her Hudson Valley cap and gown.

Untranslated store header

Looking at the header left to right. On the left we can see Chen Xiang Xia’s picture with her graduation cap and gown from Hudson Valley Community College. She graduated from Hudson Valley Community College in 2024.

(See notes at the end of this document for updates made to her website after these screenshots were captured and a video of me going through the website)

By using Google Translate, we can interpret the details of the shop statistics displayed on the header by Taobao.com. This practice is standard across all shop headers and is intended to emphasize that these facts and figures are neither self-published nor controlled by the user in any way except for “display to public” or “display to members”, which she later changes.

Figure 8 Untranslated Store Header

Name of the Store: Mavericks USA Purchasing

Number of Followers: 18,917

Website Reputation: “Top 3 beauty and skin care stores recommended by experts”
- It’s worth noting that these statements are written by the website service, not by the users of the website. “Top 3 beauty and skin care stores” on Taobao. A service that has a market of over a billion people.

More than 41% of people repurchase

Annual sales of over 30,000 pieces.

Over 3,000 positive reviews in half a year (from 7/22/2024)

“Average Delivery 22 hours”.

Without logging into the website, I was able to capture a segment of the product sales volumes and prices. The statistics published and controlled by Taobao.com display specific sales volume figures up to a quantity of 100. Beyond this threshold, sales volumes are represented with a whole number followed by a plus sign. For instance, “100+” could represent any number from 101 to 199. I approximated such figures to the nearest increment of 50, estimating “100+” as 150.

Based on this information, the following statistics can be gathered without logging into the site.

There are 30,000 pieces sold annually
There are 3,000 positive reviews in the last 6 months or “reviewed in half a year” when translated directly (from 7/22/2024)
There are 39 products currently listed and viewable from the front page without logging in.
The user can add and remove products at any time which change these statistics. Adding a new product won’t reduce stats, but removing a product will, which we’ll see in the updates.
The products range from feminine hygiene products to vitamins to pregnancy tests. The products appear to all be from the U.S. market.
The average price of the products analyzed was ¥130.85.
The average sales volume of each product was 212 units
The maximum sales volume displayed was 1000+ units.
2 items display 1000+ units sold
1 item displays 800+ units sold
1 item displays 700+ units sold
2 items display 300+ units sold
2 items display 200+ units sold
The remaining items are 100+ units sold or fewer

If we used the displayed statistic of 30,000 units sold at maximum price of ¥268 with an exchange rate of ¥7.25 = $1 we can calculate:

30,000 x ¥268 = ¥8,040,000 / 7.25 = $1,108,965 in annual sales.

In 2019 she reported $100,000 in annual sales on her tax return. If there were really $1,108,965 in annual sales from 2019 that’s $5,544,825 in sales unaccounted for. Of course this is speculation based on the maximum price. If we use the average price, which seems more logical, we have the average price of ¥130.85 and can calculate annual sales as :

30,000 x ¥131 = ¥3,930,000 / 7.25 = $542,068 in annual sales.

$542,068. Which, if using the same logic as her 2019 Tax Return which said approximately $100,000 = $10,000 in net profit, $542,068 would be $54,068 which is the number I used in my response to her temporary maintenance request. HOWEVER, in 2019 there were $98,933 worth of deposits made into her account and my account from cash given to me from her. While they did not see this analysis yet in the court, they did hear a recording of her saying that the only money she receives is $500 per month from her parents as a gift. We can test that idea again when we look at her bank and credit card statements later.

Estimated $54,068 to $110,800 in Net Profit Annually

After seeing this and figuring this stuff out I had a lot of questions. How did I not see 30,000 products sent out every year from our house? We’ll see how later in the logistics section, call log, and shipping.

Maldonado v. Maldonado, 100 A.D.3d 448, 955 N.Y.S.2d 2 (1st Dep’t 2012) Counsel Fee: $15,000 Property Distribution to Wife: 35% of the appreciation in value of plaintiff’s Manhattan apartment. Comment: Defendant properly awarded a share of the appreciation of separate property apartment where she played a role in the upkeep and maintenance of the apartment, contributed financially to the payments of the mortgage and maintenance, and contributed indirectly by acting as homemaker and mother. Supreme Court properly imputed tip income to plaintiff since the evidence established that plaintiff was earning more than he reported on his tax returns. Plaintiff had not reported any tip income except in 2007 and the evidence showed that his cash expenditures greatly exceeded the sum of his cash withdrawals. The award of counsel fees to defendant was based upon a proper consideration of the financial circumstances of both parties and the fact that Plaintiff prolonged the trial by providing false and misleading information to his financial expert, with the result being that the expert’s testimony had no value.

Link to Her Business

Looking back through my emails, in June 2020, Xia requested my assistance in drafting a response letter to a company to seek reseller rights, as her limited proficiency in English hindered her ability to effectively communicate her business objectives. Here she gives me the link to the store:

https://ypus.taobao.com

This link resolves to resolves to https://ypus.world.taobao.com/ and leads to the same place as the website found in 2024. https://shop36045372.world.taobao.com/. To the best of my knowledge, she did not become a registered distributor but continued to distribute the products anyway. And if you are clicking this link in 2025, you’ll see some of the same products in that box from the 2014 image above.

Here is a video of me following the link at the time I rediscovered it in 2024.

As you can see, very similar products displayed from the 2014 picture taken at our house in Brewerton, NY. See the updated video here with changes made after informing her that I knew about her business in July of 2024.

Calandra v. Calandra, 303 A.D.2d 704, 757 N.Y.S.2d 574 (2d Dep’t 2003) Comment: maintenance award inappropriate where parties lived separate since 1986 and wife self-supporting at all times, at trial she acknowledged unreported income, the court imputed income to her of $9600 and she was concealing substantial assets Ages/Income: H INC: $242,000 W INC: $23,364 Counsel Fees: $25,000 Property Distribution to Wife: $79,523 (distributive share of marital residence) and 50% of husbands pension

Logistics

Xia would talk on the phone sometimes in Chinese talking about deliveries, and the fact that I have driven her to Queens in the past, so I started looking at phone records and emails. In emails she sent to me I found an email of her asking me to buy her a pair of shoes from Ebay and have them sent to the address she gave. In hindsight, this was probably a way for me to test the process of her buying online and sending it to a freight forwarder without her risking any loss.

CALL LOG

Here is a call log taken from our call records from June 2020 to January 2024. In January 2024 Xia removed her phone number from our shared account so there is no data available after January 2024.

Here I analyzed calls made to US F Express, Albany Shipping Office XYNYC, XYNYC Shipping, and E-pharma Inc, who while they do sell vitamins, does share a close proximity and may be related to the shipping companies she works with. This data shows a continuation of behavior from 2020 to 2024. Xia’s DBA was registered in 2019 and closed in 2021.

Month	Call Count	Month	Call Count
Jun-20	7	Apr-22	1
Jul-20	16	May-22	10
Aug-20	34	Jun-22	2
Sep-20	69	Jul-22	3
Oct-20	44	Aug-22	3
Nov-20	63	Sep-22	10
Dec-20	39	Oct-22	16
Jan-21	30	Nov-22	7
Feb-21	30	Dec-22	14
Mar-21	21	Jan-23	7
Apr-21	38	Feb-23	2
May-21	26	Mar-23	3
Jun-21	13	Apr-23	3
Jul-21	23	May-23	7
Aug-21	18	Jun-23	10
Sep-21	5	Jul-23	4
Oct-21	15	Aug-23	13
Nov-21	10	Sep-23	46
Dec-21	16	Oct-23	6
Jan-22	11	Nov-23	10
Feb-22	6	Dec-23	13
Mar-22	3	Jan-24	20

She reported income in 2019 but not during the entire time the company was registered 2019-2021 with an expiration date of 2022. After the business was closed, she continued to work with shipping companies in the same manner in which she did when she acknowledged that the business was open. There were 747 calls over the 4-year period.

If the business was closed in 2021, there shouldn’t be 747 calls made from 2020 to 2024 to shipping companies. Instead of having orders sent to our house, she’s having orders that she makes online sent directly to the freight forwarder so nobody can see the business activities.

For a full detailed call log download the Call Log Stats document.

Call_Log_Stats Download

Kosovsky v. Zahl, 257 A.D.2d 522, 684 N.Y.S.2d 524 (1st Dep’t 1999) Comment: funds in joint account presumed to be marital property absent proof that source of funds was separate property or account was a convenience account; proper to value pension as of trial date where increase in value due to passive appreciation; proper to impute $400,000 to husband where he manipulated his corporations finances to reduce his income and had unreported cash; proper to impute $150,000 investment income to wife Life Insurance: $750,000 for benefit of child Property Distribution to Wife: 31.8% of defendant’s pension

Receipts

When she manually purchased products and packed them at home, receipts would look like this:

While going through our basement I found shipping receipts. And those shipping company receipts for XYNYC and U Plus Express or affiliate with her signature, some with brands and product descriptions are those that match her product listings and some that match her online ordering suppliers, Walmart, Walgreens, etc. Also take note of the “To” address. They are not all the same person but there are repeated names. There is a $1.00 listing on her site, I believe that if someone chooses that along with the other items they purchased, they can have the items shipped to them directly. If not, it’s most likely being sent to her brother or sister or other relative spread out to avoid detection from Chinese Customs and always with an undervalued customs value to reduce likelihood of import tariffs.

Financial Transactions

How do financial transactions operate in this context? Taobao, the platform she uses to sell products, is linked to an account in China under her name, her brother’s name, her sister’s name, and others. Sales are conducted online with logistical support from her family in China, and payments are processed through WeChat or Taobao. The funds are either transferred to her via a bank card, which she uses to withdraw money at U.S. ATMs, or used to purchase gift cards online, or through an app called WeChat (Cited example in bottom image set translated saying “Wechat Paid”) . These gift cards are then employed to make purchases at U.S. stores for products and shipping payments to send items back to China. Any remaining funds, I believe, remain in China. When she travels to China or when visitors from China arrive, she can bring back a significant amount of money that is difficult to trace. Transferring U.S. dollars from China is challenging due to stringent banking restrictions that apply differently to individuals and businesses. Below is an image depicting various bank cards and numerous gift cards in her bedroom in 2024.

Here are some example withdrawal receipts from various ATMS around Albany from Chinese bank cards. Please note five points.

Xia only filed income tax for 2020 for money earned during 2019 so there should be no money coming in after 2020.
In 2024 she claimed to receive $800 in gift money per month from her parents so no transaction should exceed $800 per month.
For 2020 Xia reported $0.00 in income so no money should be coming in during 2020-2024 except for the $800 per month from her parents that she claims.
Xia claimed to have closed her business 12/17/2021 so no money should come in first because of her tax return reports, and 2 because her business was closed.
Xia also claimed in 2024 that she “helps her brother run his business”. This is the same business, same product mix, same transaction patterns, that was “hers” when she registered her DBA in 2019 and her when she developed it since 2012. It is only not hers in the context of a divorce.

Wesche v. Wesche, 77 A.D.3d 921, 909 N.Y.S.2d 764 (2d Dep’t 2010) Years Married: 20 Child Support: $188.91 per week (2 children) Maintenance: $1,000 per month from the date of the commencement until November 1, 2010, $750 per month until November 1, 2012, and $500 per month until November 1, 2013. Counsel Fee: $35,000 and 90% of the fee for the forensic accountant Comment: Supreme Court properly imputed an additional $5,000 per year as income to the defendant for personal car expenses paid by his business, $18,000 as annual income to the defendant based upon cash received from the business and used for personal expenses and $19,500 for undistributed earnings of the business. Where a party’s account is not believable, the court may impute a true or potential income higher than alleged. Here, the Supreme Court providently exercised its discretion in imputing income to the defendant based on, among other things, the evidence of his attempts to conceal his true income.

Here are some example deposit receipts to her U.S. bank accounts. These receipts match her submitted financial statements. However, the question remains, after closing her business on 12/17/2021, and her admission to receiving $800 per month from her parents, why are there receipts over $800 for cash deposits? She later said that she “helps her brother out” but also said that she uses his credit cards.

Isaacs v. Isaacs, 246 A.D.2d 428, 667 N.Y.S.2d 740 (1st Dep’t 1998) Comment: proper to impute $170,000 income to husband based on cash and perks received from his company; proper to find that shares of stock from family company was compensation earned during marriage, rather that gifts, in absence of documents and evidence of gift to other sibling

Financial Statement Analysis

After going through the bank statements submitted to my attorney from her attorney, and bank statements submitted to her attorney from my attorny, shown below are deposits and expenses that can be deemed as “shared” or expenses that can commonly be determined to be those that would require responsibility of both parties. What’s not included here are expenses like, convenience store purchases, personal clothing purchases, car payments, restaurant expenses for lunch in low dollar values, etc. These are available and are included in the full report. Please note. ATM Cash Deposits are all cash given to me from Xia and $25,000 of the check deposits are checks given to me from Xia.

	Dan	Xia

ATM Cash Deposit	$63,505	$64,225
Cash Reward	$0	$40
Check Deposit	$31,146	$18,079
Returned Bill Item	$2,203	$15,100
Wire Transfer From Personal Foreign Account	$0	$134,595
Wire Transfer From 3rd Party	$0	$114,655
Zelle Payment From 3rd Party	$0	$9,508
Wages	$281,182	$43,545
Yoga Wages	$4,626	$0
Star Rebate	$4,810	$539
Tax Refund	$23,178	$0
Transfer from savings	$36,279	$0

Total Deposits	$446,930	$400,286

* $63,505 cash deposits were from Xia, and $25,383 check deposits were from Xia to Dan.

Adjusted Deposits
Subtract cash given to Dan from Xia	$63,505	$63,505
Subtract Checks given to Dan from Xia	$25,383	$0

Total Individual Deposits	$358,042	$463,791

Household Contribution

Auto Insurance	$13,426	$0
Cell Phone	$12,228	$830
Clothing	$20,340	$1,730
Dental	$1,165	$379
Electricity and Gas	$12,240	$0
Family Restaurant	$2,729	$392
Garbage Service	$1,522	$0
Gift	$1,400	$510
Grocery Store	$30,268	$3,024
Gym Membership	$2,313	$0
Hair Salon	$1,033	$180
Health Insurance	$42,081	$0
Home Goods	$22,947	$3,210
Home Maintenance	$14,947	$2,191
Home Office Products	$2,537	$1
Internet	$6,061	$0
Lawn Service	$2,110	$0
Max Education	$2,106	$1,052
Max School Lunch	$2,842	$0
Medical	$2,038	$1,060
Mortgage	$115,187	$0
Outdoor Gear	$5,632	$27
Payment to Catheleen May	$0	$200
Payment To Max	$1,335	$601
Pet	$2,264	$5,043
School Photos	$7,158	$0
Shared Subscription	$5,592	$0
Skiing	$2,872	$250
Taxes	$1,805	$0
Travel	$23,208	$1,154
Water	$3,680	$0
Max’s Cards	$14,405	$0
Cash Contributions Toward Bills	$0	$63,505
Macys Payment	$3,016	$727
Check To Daniel May	$0	$25,383
Check to Xia	$4,813	$0

Total Household Contributions	$387,300	$111,449

Non-Household Contribution Expenses

Alcohol	$2,432	$0
Amazon	$10,356	$67,001
Attorney	$2,650	$0
Auto Maintenance	$2,948	$1,128
Books	$1,055	$0
Car Payment	$26,965	$5,393
Car Wash	$201	$0
Cash Withdrawal	$7,728	$10,509
Clothing Personal	$2,852	$4,111
Convenience Store	$33,804	$3,886
Convenience Store Business	$0	$22
Education	$281	$5,298
Entertainment	$2,775	$0
Grocery Store Business	$0	$66
Hobby	$14,615	$0
Home Goods Business	$0	$91,598
Home Goods Personal	$4,065	$1,336
Interest	$7,512	$0
Legal	$129	$0
Lodging	$3,618	$0
Music Education	$300	$851
Music Equipment	$3,903	$3
Nail Salon	$0	$17
Parking and Tolls	$906	$149
Payment to 3rd Party	$0	$979
Personal Student Loans	$2,736	$0
Plastic Surgery	$0	$617
Restaurant	$8,304	$2,390
Shipping	$0	$3,701
Subscription	$7,704	$49
Vending Machine	$325	$0
Vitamins Business	$0	$40,637
Yoga	$10,184	$642

Total Non-Household Spending	$158,351	$240,383

Total Individually Provided Deposits	$358,042	$463,791
Total Household Contribution	$387,300	$111,449
Total Non-Household Spending	$158,350.60	$240,383.21
Total Business Spending	$10,184	$135,958
Total Business Income	$4,626	$419,667
Total Net Business Income	$-5,557	$283,710
Total Net Business Income + Wages	$275,625	$327,255

While Xia has stated that she has nothing, and cannot get a good job. She has stated that I stole from her. She has stated that I didn’t contribute anything while she paid everything. She has said this, and similar stories to family and to the court. Here are the percentages calculated in a pie chart of our household contributions.

Whispell v. Whispell, 144 A.D.2d 804, 534 N.Y.S.2d 557 (3d Dep’t 1988) Comment: (husband awarded minimal maintenance because of his “unindustrious lifestyle” and fault. 11.5% of marital property to husband. Wife made major contribution and his was negative) Years Married: 14 Maintenance: $100/mo to husband for one year Property Distribution to Wife: Husband received $7,000, 50% of joint stock and one of two cars. Wife awarded marital property worth $113,000, her half of marital residence worth $48,500 and the other half of it gifted to her by her parents. Husband’s share was 11.5%

And here is another chart showing our total deposits with mine including deposits from things such as Tax returns and Star rebate checks.

The financial analysis above shows all deposits and shared expenses paid.

Epstein v. Messner, 73 A.D.3d 843, 900 N.Y.S.2d 454 (2d Dep’t 2010) Ages/Income: 29, $1600/mo, $3300/mo Property Distribution to Wife: remitted to determine amount of funds wastefully dissipated. Comment: Expenses incurred prior to the commencement of an action for a divorce are marital debt to be equally shared by the parties upon an offer of proof that they represent marital expenses. Expenses incurred after the commencement of an action for a divorce are, in general, the responsibility of the party who incurred the debt. Where a party has paid the other party’s share of what proves to be marital debt, reimbursement is required. Supreme Court is given broad discretion in allocating the assets and debts of the parties to a marriage, and may consider the entirety of the marital estate in apportioning responsibility therefor. The party alleging that his or her spouse has engaged in wasteful dissipation of marital assets bears the burden of proving such waste by a preponderance of the evidence.

Rosen v. Rosen, NYLJ, 10-9-90, P. 31, Col. 5, Sup. Ct., Kings Co. (Rigler, J.) Comment: (income “imputed” to husband for child support award where he “camoflauged” his true income; wife’s MBA value based on current use rather than hypothetical use) Years Married: 21 Ages/Income: H-? $70,600 W-? $64,500 Child Support: $210.87 per wk. (1 ch.) Maintenance: No Counsel Fees: $11,425 to Wife Property Distribution to Wife: Wife was directed to pay 40% of the total marital debts and husband was directed to pay 60% of them. Wife was awarded assets worth $234,312. Wife to receive 67 1/2% and husband to receive 32% of proceeds to compensate wife for her share of the husband’s nonliquid pension.

Barnes v. Barnes, 106 A.D.2d 535, 483 N.Y.S.2d 358 (2d Dep’t 1984) Comment: (marital home and furnishings to wife. Husband’s contributions were minimal) Years Married: 17 Ages/Income: W — 52; $150/wk Property Distribution to Wife: All marital property to wife.

Rocanello v. Rocanello, 254 A.D.2d 269, 678 N.Y.S.2d 385 (2d Dep’t 1998) Comment: In determining a party’s maintenance or child support obligation a court need not rely upon a party’s account of his or her finances, but may impute income based upon the party’s past income or demonstrated earning potential Maintenance: $100/wk for 4 years

Sade v. Sade, 251 A.D.2d 646, 675 N.Y.S.2d 119 (2d Dep’t 1998) Comment: wife was sole wage earner and performed usual household duties. Husband did not make significant contributions to the marriage; husband’s earning capacity warranted vacatur of maintenance award to him. Child Support: no children Property Distribution to Wife: $8070 to husband — 80% of total marital assets.

Miller v. Miller, 197 A.D.2d 70 (2d Dept. 1994) A relevant case that embodies the situation in which one spouse may have contributed less financially during the marriage, despite having the ability to contribute more, is Miller v. Miller, 197 A.D.2d 70 (2d Dept. 1994). In Miller v. Miller, the parties were married for a significant period before separating. Throughout their marriage, it was evident that the wife had the potential to contribute financially but chose not to do so. The wife had chosen not to contribute significantly to the family’s finances. The assets were divided equitably but not equally.

Hughes v. Hughes, 305 A.D.2d 601 (2d Dept. 2003). The court took into account the wife’s failure to pursue employment opportunities effectively, which impacted the overall financial status of the family ending in an unequal distribution of assets.

It’s worth noting that the only record of the source “ATM Cash Deposit” is the deposit itself. This cash comes from Chinese bank cards and has been reported by Xia to not have information available to show the balances or transactions of the accounts. There are almost no cash withdrawals from her U.S. bank accounts which means 99.9% of all cash shown here, $127,730 is from a Chinese Bank Account with no record. It is my belief that fewer deposits were made after 2019 due to divorce discussions, and due to her unwillingness to contribute her share of our expenses. See Dentist Dispute, Apartment and Other Points Regarding Cash Flow

Baron v. Baron, 71 A.D.3d 807, 897 N.Y.S.2d 456 (2d Dep’t 2010) Maintenance: $5,769.23 per week until plaintiff becomes eligible for full Social Security benefits at the age of 66, remarries, or dies Counsel Fee: $125,000 and $50,000 expert fee. Property Distribution to Wife: $4,566,857.90 Comment: Due to her sizable distributive award, a lifetime maintenance award was not warranted. Error to focus solely on parties financial circumstances in denying counsel fees. Court should have considered defendant’s misconduct and obstructionistic tactics. Appellate Division awarded a $125,000 attorney’s fee and a $50,000 expert fee, which was one-half of the fees sought. Plaintiff also should have been awarded prejudgment interest on the distributive award of $4,566,858. The marital assets were valued as of June 30, 2002, and the plaintiff was entitled to interest from that date. Additionally, an award of prejudgment interest is appropriate where the defendant, in failing to provide certain financial documents and falsely claiming to have transferred 49% of his business to a third party, attempted to conceal the valuation of the business and prolonged the litigation.

While my total spending is higher, including money from her contributions, my additional, non-household expenditures are lower than her non-household contributions. If there ever was an indication of priority, this would be it. She prioritized her business over everything else. I prioritized family over anything else. And to take note on a couple of points. First, her taxes.

Hirsch v. Hirsch, NYLJ, 3/31/93, P.25, Col.2 Sup.Ct., Nassau Co. (Winick, J.) Comment: Court followed rule that it may estimate loss to injured party and make award based on that estimate where husband a liar who secreted cash. Years Married: 33 Child Support: No Maintenance: $200 per week non durational maintenance Exclusive Occupancy: Title to wife Health & Medical Insurance: No Dental Insurance: No Life Insurance: No Counsel Fees: $10,000 plus $1,256 for disbursements to wife Property Distribution to Wife: Wife awarded $100,000 to compensate her for assets secreted by husband, sole title to marital residence, $1,150 for jewelry taken by the husband, and 50% of the value of husband’s pension

Below is a copy of her 2020 reported taxes. From her 2020 tax return she reported $128,665 in sales, and $10,957 gross income. There was no other time period reported between 2019 and 2023.

And since there are no 2019, 2021, 2022, 2023, or 2024 returns and the business was closed in 12/2021, what are all of those other deposits? And why are the deposits decreasing from 2020 to 2023? It’s certainly not a lack of sales. We’ve seen on her website at the beginning of 2024 she was selling over 30,000 products per year. With the gift cards listed above, evidence of ATM Cash Withdrawals, and a recording later saying that she uses her parents and brothers credit cards and debit cards, we can see how the transactions which were visible in 2019 and 2020 can be hidden using new methods in place of ACH deposits and direct ATM to Bank deposits.

Second, looking at the line items for car payments. My car payments from 2019 to 2023 are $26,965.03. This includes down payments as well as monthly installments. Her car payments are $5,393.45. She owned a 2019 Chevy Trax and a 2021 Jeep Wrangler. $18,000 + $30,000. She paid cash for the Chevy Trax, and had enough between her recently purchased Chevy trax and her down payment to make her Jeep payment around $250 per month. Again, because of non-transparent cash.

Another example. Music Equipment. $3,902.89 is what I have recorded purchasing music equipment. Which since has mostly all been sold back. She purchased a $1,700 electronic drum set for herself but has no record other than a $2.59 purchase from guitar center. Most likely again, she paid cash.

Here is another perspective of her financial statements showing an imbalance.

	`Income From Work`	`Expenditures`
2021	$0	$50,155
2022	$26,132 (- $4,683 contribution to 401k.)	$48,330
2023	$19,179	$26,992

While it appears to have reduced expenditures, her website is still selling 30,000 products per year. She has simply shifted from transparent financial processing to non-transparent financial processing. And here is a count of total deposits, not including direct deposit from here employer. Zelle Payments, 3rd Party Checks, Cash Deposits, ACH In (Business and Personal Accounts)

Year	Count of Deposits
2019	11
2020	47
2021	42
2022	23
2023	17

Since we can only see cash deposits when she takes cash from the ATM using a Chinese Bank Card we can certainly assume that some money is being kept in China after the sales are made and some cash withdrawals are not deposited. And, as it was recorded, she’s directly using Chinese credit cards and debit cards. If you notice the patterns concerning all of her financial statistics, after 2019 there is a reduced cash flow. But with the statistics on her website, and other relevant information including her own tax filings we can assume with certainty, that there is money being kept in China. And we can also assume that there is money being withdrawn that is not deposited into her accounts.

Evasive Money Patterns

Here we can see ACH transactions from 2019 to 2021 before she closed her business account and moved from ACH transactions to using multiple ATM Debit Cards. Here we can see that from 2019 to 2020 the transactions were sent from Chen Xiang Xian. Chen Xiang Xian is the same person as Chen Xiang Xia. She translated it as Chen Xiang Xia in the United States, but the Chinese translation of her real name is Chen Xiang Xian. These foreign account holdings were never reported per U.S. foreign bank rules.

Also, you can see that after 10 transfers in 2020 the name changes to Jian Xiao Man. Then after 10 transfers the name changes to Mo Xiu Lian. Then at the beginning of 2021 the name changes back to Chen Xiang Xian. 陈向霰 And so on and so forth. There is a foreign exchange regulation in China that says more than $50,000 cannot be exchanged (sent to foreign country) per year, per person. You can see that they wanted to continue to sent money, so they gamed the system with names. Similar to smurfing techniques that our banking regulations identify.

This comes form a western union transaction. Money she sent from China when she was in China for deposit into her account.

Which brings us to two more regulations. Smurfing and structuring. To avoid detection on the United States side they appear to be smurfing and structuring. Notice all payments are below $5,000 and all monthly payments are below $10,000. The perceived amount and duration for automatic notification to the Internal Revenue service. In aggregate it appears to be FBAR evasion, FinCEN evasion, and IRS evasion. See above, Chen Xiang Xian.

Date	Year	Transaction_Type	Category	Account_Name	Account_Info	Amount
8/27/19	2019	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/4/19	2019	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/16/19	2019	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/27/19	2019	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
11/19/19	2019	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
11/19/19	2019	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
12/5/19	2019	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
1/2/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
1/17/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
2/11/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
3/5/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
3/27/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
4/22/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
5/18/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
6/3/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
6/18/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
7/2/20	2020	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
7/16/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
7/23/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
8/10/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
8/24/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/4/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/17/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/29/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
10/14/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
10/28/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
11/16/20	2020	Wire Transfer From Jian Xiao Man	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
11/25/20	2020	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
12/14/20	2020	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
12/28/20	2020	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
1/13/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
1/28/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
3/1/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
3/12/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
4/6/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
4/28/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
5/14/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
6/3/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
7/1/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
7/19/21	2021	Wire Transfer From Chen Xiang Xian	Wire Transfer From Personal Foreign Account	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
8/2/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
8/27/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/9/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
9/27/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
10/12/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
10/26/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
11/5/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
11/18/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
12/15/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00
12/28/21	2021	Wire Transfer From Mo Xiu Lian	Wire Transfer From 3rd Party	DBA Apollo Exports	BOK 4830 7609 3228	$4,985.00

Rooney v. Rooney, 92 A.D.3d 1294, 938 N.Y.S.2d 724 (4th Dep’t 2012) Maintenance: $2,500 per month for approximately 11 years. Comment: Appellate Division rejected defendant’s contention in that, in calculating child support, the Referee erred in failing to impute income to plaintiff based on cash gifts that she received from her mother (DRL §240(1-b)(b)(5)(iv)(D)). The evidence supported the Referee’s finding that the cash gifts were sporadic in nature, rather than regular and expected (see Rostropovich v. Guerrand-Hermes, 18 A.D.3d 211, 794 N.Y.S.2d 42 (1st Dep’t 2005)).

Participants

She often says that her dad has to give permission for her to get money. This is her dad. I know her dad. Her dad is a nice person. Her dad is also a cigarette hawker at the docks. Her dad was not rich, before he retired he worked on shipping boats, and sold cigarettes at the docks. He does not command millions of dollars. He may be the holder of the purse strings in this venture, but only because of traditional Chinese hierarchy. Her dad’s name is Chen Ju. It doesn’t appear to be him sending this money.

From Xia’s DS11 Passport Application she filled out the name of her Father and Mother. Mothers name Mo Xiu Lian. Mo Xiu Lian sent 13 payments of $4,985.

广州黄埔区海员路138号大院1号502房

This leaves 1 more person identified here, Jian Xiao Man who sent 10 payments of $4,985.

Here is another example of how comingled their funds are. This is a physical bank book from China. This was in Xia’s possession when I took the photo on 9/20/2024. On the top you can see a name. Chen Xiang Di. This not Chen Xiang Xian or Chen Xiang Xia. This is her little sister, Chen Xiang Di. There were no ACH transfer records from Chen Xiang Di, but if Chen Xiang Xia, her sister, has in her possession the bank book required to remove money from an account that has a beginning record of $30,006.29, we can agree that they trust each other with large amounts of money, with their banking reputation, and with their banking information.

After the ACH Payments

And this brings me back to three points. I did most of the grocery shopping, paid all telephones, cell service, insurance for 3 cars, health care, water, gas, electricity, internet, dental coverage, garbage service. I was responsible to keeping up-to-date with all of Max’s school events. I was responsible for keeping up-to-date and getting Max to sports practice, and Band practice before he drove. We agreed that Xia would pay half ($1,300) of our expenses since 2017. This would equate to $15,600 per year not including any additional purchase that was reimbursing me for. Since 2017 she did not. And as we got closer to our divorce date she contributed much less than the agreed amount contributing to the cause of our increased debt. We had between $3,500 and $4,600 in expenses each month. I earned between $3000 and $5000 most months. Her expected contribution of $1,300 was needed to pay everything, and as her contributions declined, debt went up.

And the second point is all of these payments would have to come 100% from her employer if she closed her business in 2021. But why is there no record of deposit from her employer and a corresponding cash withdrawal for all cash given to me during these time periods? It’s because the cash came form Chinese bank cards, from a business, that she still runs today. Cash that cannot be seen in her bank statements, because sometimes she deposits cash, and sometimes she doesn’t. And when she needs money she can, at any time, withdraw from her accounts in China, whether they are her in name, or her parents, or her brothers. It’s her money. Above is what she gave me. The two charts below show her income vs expenditures, and the second chart below shows the difference between deposits and expenditures taken from the bank statements that she provided.

In one recent explanation she attempted to say that for the past 4 years her only income was income from work. After evaluation of all her statements, and her known cash contributions to our bills the “Difference” is what cannot be explained using income from work. In 2021 she spent at least $57,675 more than she earned from work. In 2022 she spent $29,971 more than she earned from work, and she spent $10,563 in 2023 over what she earned from work.

Brown v. Brown, 239 A.D.2d 535, 657 N.Y.S.2d 764 (2d Dep’t 1997) Comment: proper to impute income of $100,000 to husband based on his testimony as to his earnings during the 3 years prior to the commencement of the action of $107,000, $143,000 and $146,000

Also around this time she started using gift cards, and other means of payment, for example making direct payments for purchases using Chinese credit cards, which she states in the recording from September 2024 which explains how she can sell 30,000 products a year, and still appear to have reduced cash in-flow. And due to jurisdiction regulations, we cannot subpoena Chinese banks or receive statements. Even if we could, the commingling of financials between her, and her family would most likely muddy the waters in interpretation.

	`Income From Work`	`Expenditures`	Cash given to me not recorded in her statements.	Difference	Total estimated documented income.
2021	$0	$50,155	$7,520	$57,675	$57,675
2022	$26,132 (- $4,683 contribution to 401k.)	$48,330	$3,090	$29,971	$56,103
2023	$19,179	$26,992	$2,750	$10,563	$29,742

Changing the view from her income based explanations to include both business and employment cash flow.

Year	Income From Employment	Total Deposits	Business Account Expenses Paid	Private Account Business Expenses Paid	Cash given to me outside of banking records.	Total Net Income Estimation Based on Information Available. (Income From Employment + Total Deposits – Business and Private Account Expenses + Cash Given to me.)
2019	$0	$44,197	$32,081	$0	$42,750	$54,866
2020	$0	$154,810	$103,927	$610	$8,140	$58,413
2021	$0	$138,163	$59,430	$913	$7,520	$85,340
2022	$26,132	$19,288	$0	$894	$3,090	$42,933
2023	$19,179	$14,856	$0	$1,974	$2,750	$34,811

I can’t stress this enough. There were Western Union payments, bank transfers, multiple bank accounts that we have no record of. The “total deposits” are taken from her statements and cash transactions are taken from my bank statements. There are times when cash was withdrawn from Chinese bank accounts, and not deposited into any bank. And the 2019 timeline, each time we got behind it became a serious discussion because she couldn’t understand why, she constantly argued that $1,300 wasn’t half, and contributed less than $1,300 and began to use various excuses why she couldn’t help more. Car payment, college payment, poor business, etc. However, looking at it as a whole, 30,000 products sold annually, top 3 beauty store on Taobao, thousands of individual statistics displayed on products she was selling. And so much invisible cash. Cash that is currently being explained as a “$800 a month gift” from her parents and “helping out with her brothers store”.

Here’s what she says about these matters. In a text message on Saturday, January 6th, 2024 Xia says:

“I registered a company in 2019. In 2020 I paid off your credit card debt and helped with refinancing the house, providing approximately $20,000 in cash. Additionally, I gave $30,000 in cash for changed the mortgage payments. However, I have no idea where all this money went. At the end of 2020, I discovered you were cheating, but I continued to give you $1300 per month. In 2021, I faced less income from selling stuff to China, closed the company, and worked at an Amazon warehouse as per your suggestion, sharing half of my hard-earned money with you each month. Despite your rising salary, you pretended to need my assistance and insisted I spend less from my salary, contributing all my earnings from physically demanding work to you. Did you know I even gave you money my dad gave me? The expenses for my trip to China with Max were covered entirely by my family; you didn’t contribute a cent. Now, your actions have caused me to suffer from depression, affecting my sleep and work. Do you still have a conscience? Who are you? When you need help I always help! and what get from you? Pain! Sometimes I want to kill myself! I ask myself I am married to a evil person. Please don’t push me to the death corner.”

I did not respond to the message received on January 6, 2024. However, she did confirm certain documented facts: she established the DBA in 2019 and closed the business in 2021. She led me to believe that her business had failed and was no longer operational, and that she had no income other than what she earned from Amazon, often expressing discontent and guilt regarding her employment with Amazon. If all of what she said in her text were true, working part-time at Amazon, contributing 20% of her salary to her 401k, would not give her the money to contribute what she claims to be $50,000 toward bills and expenses in a single year.

The New Face of Her Website

Since the middle of 2024 Xia’s website has changed quite a bit. The public view is much more locked down. There are some products removed, and some new products added. This video was summarized December, 2024 in the video after creating an account on the website.

Her Current Employment

Her current job and hours. Her hours don’t match the job description. She is taking time off. We need to see a copy of her LATS. Voluntarily taking time off does not reduce her income expectations.

ABUSE

Xia has stated that I abused her. There are a few types of allegations that she has stated to me and she herself classifies as abuse:

An Affair
Mental abuse
Financial Abuse
Not letting her work
Silent Mental Abuse

In my opinion Xia is probably one of the most unpleasant people for me to talk to. She’s loud, she’s not nice, she fights, she argues, she makes outrageous statements, and she will not let a topic go because she must be right. And when something doesn’t go her way, when someone disagrees with her, when someone proves her wrong, she will continue to fight because admitting she is wrong is embarrassing. That’s known in Chinese as “saving face”.

I do not like fighting, I do not like arguing, and I do not like having loud conversations. However when someone corners a person, and continues on and on, pressing, goading, poking, etc,. just about anyone has a breaking point. And she knows that. There are times when she would sit in my room and do this, for hours, until I finally broke and did respond to her, did yell back, and did say things that were opposed to what she was saying. She hated that more than anything. For an introverted person, silence is the best way, but even the most introverted of people have a point where someone presses them so much that they sort of just snap in rage. And when that happened, every word I said was meant to prove what she was saying wrong. A thing she hated most. Being proved wrong.

Let’s start with an affair. As I wrote earlier I did have an affair. The woman was much older than me, and she was smart, and kind, and we shared an introspective existence. It was a very nice friendship long before it was a sexual affair. For years we were just friends. We enjoyed time together. It was a person to be with that wouldn’t make me fight. That wouldn’t make me be loud. That wouldn’t make me argue. And I needed that. So yes, I did have an affair, and no I didn’t tell her about it directly.

Mental Abuse. There are times when I joked around and said things like, “Smart as a rock”, or “Not all there”, or things like that. There are times when I replaced the word bitch, with the word “witch”, and joked around like that. “What a witch”. But those phrases were never meant to harm. I admit, there is probably a better way to play than that, and had I known it would be taken as abuse I would have been more sensitive to it. However, Xia wasn’t the type of person who was overly sensitive. She understood humor. She understood when things were said in humor. For example, in a conversation she was having with my son and I in our group chat, he tells us about seeing Bidens Helicopter. Nobody called the secret service and implied she was serious about shooting down Bidens Helicopter. It was a joke. She understood it as a joke. Joking around with her was completely normal in the those moments. It wasn’t until later, when she wants to twist it around and make it appear to be more than it was.

Here’s are two more examples of her sense of humor. She isn’t senstive. She’s just using these examples against me beause people hear them with pity. Was she sensitive after Max spent time in the sun and she called him black? or when she smoked pot and made a joke about it? No. Not at all.

Financial abuse. I’m not sure what financial abuse means. In the context provided from her statements I believe it means I’m not signing her settlement offers of me paying her the $2000 per month + $50.00 for cat insurance that she requested. I believe it means I am not agreeing with her and am making counter claims against her signed, notarized statements where she says she has no income from the business she started in 2012. In this way, by not giving her what she wants, I am “abusing” her financially. I think this is what she is claiming. A divorce is like a negotiation, and for me not to protect myself against false claims would be crazy on my part. I will not sign anything that is a lie. And her financial statements are a lie. The statements about her closing her business are a lie. Her statements of not receiving any income from her business is a lie. Protecting myself is not abuse. It’s a reaction to her statements and alligations.

Not letting her work. The only time we talked about her getting a job was around 2012 and our neighbor worked at a gas station. Before that she never tried to get a job. The reason I disagreed with the gas station job was that the hours would have been extremely inconvenient. She didn’t speak English well at all and it would have been hard for her. And if our son Max was to be home from school and I was at work, the child care would cost more than she could have made there. It didn’t really make sense for her to have a job at a gas station being paid minimum wage. After discussing it, the same year, she started her online business. It wasn’t until years later when her online business was too big to not notice, and I begged her to register it, that I started suggesting a job outside. Her English was better, she gained a lot of experience in sales, logistics, and product management, and could find a better job, and most importantly stop her illegal income. She started working at Amazon during the day, but soon changed to the 5-11 shift so that she could continue to operate her business. China has a 12 hour difference so being home at before midnight would put her online at China’s noon, and allow her to sleep during the day when nobody was home. So, I don’t feel that I didn’t let her work. In fact, as aggressive as she is, I’m sure, if she really wanted to work, she would have fought her way to the gas station.

Silent mental abuse. Being an introvert coming home to someone who is aggressive, and loud, after being around people all day, is extremely challenging. Often times I would come home, and I would be silent. I needed some time to be “inside”. This will always be true of me. When someone is yelling at me, or accusing me of something, or complaining about something, very often my response is no response. It’s how I cope with anger. It’s how I deal with people who are confrontational. And so many times I told Xia that, “I don’t want to fight”. “I don’t want to argue.” “I don’t want to yell.” And so many times she would say I didn’t talk to her or I ignored her. And it wasn’t that I was ignoring her or didn’t want to talk to her, I just didn’t want to talk to her like that. I didn’t want to hear more accusations, more foul things about my family, more foul things about me, or more foul things about my son. So yes, I was often silent, I was often anti-confrontation, but that literally is my personality. I’m a data analyst computer programmer. One doesn’t become an analyst if they like to sit around and talk, or worse, sit around and yell back at someone yelling at them. There are times I yelled back, but it really takes a lot for me to be that upset.

She recently brought this up in an email talking about the early days of our marriage. She says in an email February 7th 2025,

“Blame everything on me stupid! That’s why you did not want to talk to me. ! Blame me beacuse I want a baby then didn’t talk to me for 6 years?”

I’ve heard similar complaints. In China, we had a pretty expensive living situation. And with the extra expenses of having a new child I had to work. And work I did. I had a full-time job at a university, I worked nights at an English training center, and I worked every Friday at a middle school. I worked at a lot. And when I came home I played with my son. When he woke up in the middle of the night at 3am and ran into our room ready to play, that is probably one of my happiest memories. But that doesn’t mean I wasn’t extremely tired. And before we had a child I was extremely nervous. I wasn’t ready to have a child, and while telling Xia I wasn’t ready to have a child she was getting fertility treatments. So there’s that. But, as soon as I met him, I vowed to myself, to love him, and be there for him, and care for him. And I did. I have. And I will continue to do so.

EMAILS THAT MENTION ABUSE

Wed, Sep 25, 2024 8:01 AM: “Don’t worry I will bring the account to the judge for what am I doing! You do need to say that to hurt me! You don’t need to hack my computer! And I will show the account to the IRS and the government! And seeing who’s the financial abuse!”

This was in response to me telling her that I know she still runs her business and to me rejecting her $2,000 + offer to settle for alimony for 9 years based on falsified statements she made in her filings. I wasn’t trying to hurt her, I was trying to warn her that I had to submit information that could potentially get her into trouble since it was my obligation to do so. Many times she labeled this as “abuse” and “threatening”. I was telling her what I found, and what I was obligated to do.

Wed, Sep 25, 2024, 8:21 PM: “I don’t know why you need to telling me about this? Am I a liar about: spent $90000 with your girlfriend from 2017-2020 then made me refinance the house? Spent another $80000 another 3 years! And you have income over $100000 ! And own $70000 car! Now you try to threaten me saying I am a liar? I am a criminal? And trying to scare and control me again? So I can give up the alimony? I already told you you don’t need to say those things to me! Just tell your lawyer! Don’t forget Financial abuse! Mental abuse! Your family knows who you are ! I even don’t need to tell them anything ! I should talk to them early! They are all knowing who are you! Do you want to talk about the criminal? Who’s selling the fake stuff from china to America for so many years? Oh my goodness! Every one can prove it! Do you want to threaten me more? Look at yourself Dan! Don’t talk to me anymore! I love you believe you and get used to letting you abuse me for so many years! Think about it!”

Here she is exaggerating my spending and my income. And I believe the information stated about telling the court what I have found with her active business, taken as a “threat” instead of a warning about what I would have to do if she kept lying became both “financial abuse”, and “mental abuse”.
While it’s not the topic in question here, yes, 20 years ago, when I was 24 years old, I sold some “knock-off” products. There are many manufacturers in China that make them, and they were easily accessible, and the market had a place for them. I sold them online while I lived in China.
Both of these topics seem to be in the conversation as a defense against being accused of not reporting business activities.

Wed, Sep 25, 2024 1:56 PM: “Wow another threatening! I will get fired by you! Great job! Mental abuse and financial abuse! Please don’t talk to me and far away from me! The people have eyes and see what you do to me!”

This is also in response to telling her that I would have to report what I’ve found not just to the court, but also to the Tax Department according to New York State Department of Taxation and Finance Code of Conduct and other statutes such as Public Officers Law § 74 – Code of Ethics. I believe she is using “Mental abuse and financial abuse” here as her defense to doing the wrong thing with her business.

Wed, Sep 25, 2024 7:53 AM: “Don’t worry I will show the judge! What am I doing ! I already told you I don’t have any income from what I helping him! You don’t have to believe it! I don’t need to lie about it! That’s why I am keeping all of the records and you use the financial abuse me too”

Again the mention of “financial abuse” when I tell her that I know she has more income than she’s telling her lawyer. The records I believe she’s referring to is the record of the $30,000 payment above. And then she changes her story from “my business” to “I am helping my brother run HIS business.”

Wed, Sep 25, 8:32 AM: Laughing at me ! Go ahead! Mental abuse me for 13 years and now too and the financial abuse.

I did poke fun a little right before this email because she said she was going to call the police.
- “Hello, Police, my husband responded to my 50 emails and said things I’m trying to lie about. I’d like to make a complaint. He can’t use the truth, that’s abuse.”
Here are some of the 50 emails she sent me overnight on the 6th after I told her I had to report what I’ve found.

Wed, Sep 25, 2024, 12:04 PM: Wow silent mental abuse and yelling and threatening and controlling even now! Financial abuse! Haha who’s Frank? You mean that lady’s husband? you slept with her for 5 years? I still has your guys pictures and texts! Should I post it on the tax department email? See is truth? And you have another lady again that you bought a how to have different sex acting book lol ! Now live with your new lady who is from your Yoga place!

Silent mental abuse mentioned here because I didn’t respond to her many emails.
Frank is the owner of the phone number of one of the guys she talks to on the phone.. I’m not sure who he is. 518-461-3806.
Yelling and threatening and controlling. This was in response back to her:
- “Your mean angry yelling attitude for 20 years, is the real abuse. Your lying about your income while I am responsible to pay every bill we have is abuse. Your lying about your friend Frank is abuse. Your making me do every single thing in our house without help is abuse. Your telling my family so many lies about me is abuse.”
And I followed it with:
- A temporary employee shouldn’t cause trouble at work. You have no union. I’d recommend you keep your nose down and focus on your work. Our conversations are not productive and as I have said I don’t want to fight. I’ll drop off the check when it arrives because half of the value of everything in the house is yours. Other than that, you have no reason to contact me again. The tools and paint are in the house. Since I cleaned everything else, arranged the sale of everything else, cleaned the basement, and got out a truck load of garbage, you can fix the holes in the wall. You can get a real estate agent or just let the bank take it. I don’t care any more. You’ve already cost us so much money waiting this long. I’m going to continue to fight all your lies forever because I have evidence to show that you’re lying. It is not fair for you to make as money as you do and for you to lie about it. Filing amended returns will tell the divorce judge that you lied about your income. Not filing amended returns will keep the whole lie going longer. An IRS audit will show both lies. A criminal investigation will show all lies. And when you undervalue your income, there is evidence to show additional lies. Even your customs forms all have lies.
Here she is also threatening to send personal text screenshots to our work email to be distributed at work.

Anonymous v. Anonymous, NYLJ, 6-5-96, P. 31, Col. 5 Sup. Ct., Suffolk Co. (Lifson, J.) Comment: Wife’s contributions rendered valueless by her alienation of children and communications to husbands superiors calculated to destroy his career and enhanced earning capacity as police officer. Years Married: 13 Ages/Income: Husband-44 $74,000; Wife-44 $10,000 Child Support: Wife to pay $50/wk [2 ch] Maintenance: none Exclusive Occupancy: n/a Health & Medical Insurance: none Dental Insurance: none Life Insurance: none Counsel Fees: none Property Distribution to Wife: 50% of each parties pension and 50% of net proceeds of sale of house; 0% of husbands enhanced earning capacity (worth $158,378)

Fri, Oct 11, 2024, 1:08 AM: Do you know I don’t like you making those stories to me! Because you don’t want to pay me the alimony! It’s hurting me! You have been mentally abused me for a long time! I have been working hard and trying to live! When you try to record it and trying to make all of the numbers it makes you ugly! If I have money I don’t need to deliver the food! You never understand and you don’t want to! When I show all of the truths to the judge I am not a liar! and you the lair! I will kill myself because all of stuff you do to me and mentally abuse me! I don’t want to live anymore! Because you! You don’t need to pay me alimony anymore because I will not exist anymore! After selling the house I will sign the contract with lawyer that half of money is for max! Are you happy now! I told you many times I just want to live but you don’t want to believe! You spend all of my parents money and you try to make it to me saying I have money! I already have all of the stuff at my lawyer office! I will meet my lawyer tomorrow! And I will sign the offer with the house agent ! What ever how much for the house! I don’t want to think about what you did and do to me! I don’t want to live anymore! I married a evil! You will be happy when I gone! You will see! I just got a little confidence from my work now all destroyed by you!

This is a clear statement of what she considers mental abuse. I am disagreeing about how much money she makes and has made. I have evidence that makes me believe what I’m saying is true. But, because I don’t agree with her, it’s “mental abuse”.

Fri, Oct 11, 2024, 1:42 AM : “Could you please take care of my cat! Thank you! the half of the house my money has to for max! That’s I left for max! The life is so difficult for me to live in America! Special I am sick! Mentally abused it’s destroying my hope! I don’t want to think of how ugly people’s hearts! Every time I think about what you did for me it’s killing me! Even you are not living with me anymore but you want to get what you want and you will make the story to destroy me! I don’t want to think of it anymore what you want to do to me!”

And when I don’t agree with her, she resorts to self-harm, and threats of self-harm to get her way. I would gladly take care of our cat. I love that cat. The only reason I didn’t fight for that cat is because of words like this. And that is the same for our son. I’m writing this on Christmas Eve. My son will not see me. My son is with her. She has said flat out, if I try to take him, she will kill herself. I have not. I have told Maximillian that he is free to choose what he wants. And his mind is being filled with lies and he doesn’t know and he barely talks to me. And he is not to blame.

Wed, Dec 18, 2024, 11:44AM: “Could you please stop to say I lie about my income! If you don’t want to pay it just say no! Because I just paid for his school tuition for $2500! I have to pay my friend back for borrowed money for his tuition! And I have to pay his food when he comes home and his room every month even even he doesn’t hear! Once he comes home he will have a place to stay! Don’t email me anymore except about Max! I have been sick by you mentally abusing me even now! I am thinking about killing myself everyday I can’t stop thinking about it! Only thing I am worried about max and my mom and my dad! Please don’t email me! Thanks!”

Again the same.

So in summary. I do feel her pain. I know this stuff is hard. It’s hard for everyone. But being hard doesn’t mean you accuse someone of something. It doesn’t mean you defame people at work. It doesn’t mean that you lie about income to get more money for alimony. It doesn’t mean you attempt to coerce someone by saying you’ll kill yourself or that because you disagree it’s mental abuse, or abuse of any kind.

AGE

On all documents Xia has written and signed her age as 10/6/1978 making her 45 years old. In a conversation about her lies I mentioned her lying about her age. I thought her birth year was 1974, not 1978, and she actually corrected me saying it was before 1974, but here is her email response to our conversation.

“If you think it’s illegal to change your name, age, or gender in some countries, you can challenge the government.”

They originally changed her age so she didn’t look as old as she was for a high school she was attending. I’m not entirely sure how her age was documented 2 to 3 years younger than she actually is, but it was. And it wasn’t a threat, it was a point I was trying to make about her not telling the truth about things. I believe she is between 48 and 50 years old in 2024.

Threatening Self-Harm

A strategy that Xia likes to use to get her way is to threaten suicide and death. And while this is a touchy subject that I always withdrew from when she mentioned it, it’s still a strategy she uses when I disagree with her, or make any point about her not being forthright in her business income statements.

This was after a conversation about selling our house. The email seems formatted incorrectly because sometimes Xia writes complete emails in the subject line. Here she is disputing the statements I made about her business income.

This was received on the same day. Here her “threaten me” was talking about me telling her that after I have found out everything about her business income, I am obligated to report it. I was not threatening her. I was informing her, warning her, that for me to protect myself I had to submit information that may get her into trouble. When being accused in the court of law a person had a right to defend themselves with the evidence they have.

This is also on the same date as the other two.

This was on September 5th 2024.

This was on September 5th as well. Her talking about what I told her about my obligation and her pretending that he only income is her job. When I discussed this with her, I told her that I could see how much she was making and that I had to submit it as part of my obligations working for the state, and that I believed the Judge in our divorce case would also be obligated to submit what they discovered. It was not a threat, it was a warning. And it was not a means to control her her get her to do something, it was a way to warn her so that she could do the right thing.

And this is also how she responds. Because I had information that she didn’t want known, she responds with a threat to put me in jail for what I did before 2019. What I did before 2019 was not tell her about an affair and what I did before 2003 was sold some products purchased from Chinese manufactures that weren’t registered products. Again, this is a response to me warning her of what she did, and her using various methods to try to make me not talk about her undisclosed income.

Here she is also refering to a business transaction that I had when I had a disagreeent I had with a customer. I felt that I upheld my end of the agreement, they felt that I had not. The customer ultimately charged back their purchase to my credit card processor at the time, and that processor brought me to court in Madison County, NY. Around the time a local sheriff visited my Aunt to serve papers since that was my last known address. They satisfied their need to attempt to serve papers and had the trial in my absense. Once the judgement was filed I hired an attorney in New York City who was able to negotate a settlement for the judgement, removing the judgement from my credit history.

Retainer-May Download

The original court case information is listed below.

MONROE COUNTY REG
Identification Number: I2005002711
Date Filed: May 13, 2005
Status: Civil claim judgment.
MONROE COUNTY REG
Address:
39 W MAIN ST STE 101
ROCHESTER, NY 14614
No phone number available
Identification Number:
I2005002711
Plaintiff: CARDSERVICE INTERNATIONAL.
Address Identification Number: 0027824204
Status: Civil claim judgment.
Status Details: This item is scheduled to continue on record until May 2012.
Date Filed: 05/2005
Date Resolved: N/A
Claim Amount: $12,203
Liability Amount: N/A
Responsibility: Individual

This was a civil case, and all personal obligation has been satisfied. There were no criminal charges filed as she suggested. It wasn’t about that. It was about a lost delivery that we had a contract for that stated all goods were to be delivered FOB (Freight on Board), which means once I handed it to the delivery agent, my obligation was complete. Since the credit card processor had internal policies the customer was able to use their internal policies to get their money back, and the I was left fighting with a credit card processor who I had no defence against.

There are a lot of accusations here. I “forced” her to drive by not wanting to take part in delivering her products to the post office. I “forced” her to register a company because she was operating illegally. The company didn’t make money but there are hundreds of thousand of dollars of transactions. I “made” her work at Amazon by suggesting she get a job instead of breaking the law. We were reconciling and not reconciling. I didn’t know we were going to divorce. And the debt we have is caused by an unfair contribution toward household expenses.

Abandoning Her

Her most recent claims are that I have abandoned her. On 2/9/2024 she filed for divorce. In or around that time she said, “I don’t want you here, I don’t feel comfortable with you here.” I began to stay with friends, and/or just sleep in my car, most nights. I showered at the YMCA, and sometimes would get a hotel room. During those months January, February, March, April, May of 2024 I paid all the bills for the house while she paid nothing on “her councils advice”. At the same time, she was earning money from her business, and “had” to get a job at Doordash so that it didn’t appear that she quit her job at Amazon to try to get more alimony. She also stayed in the house until the very last day of the sale. With her financial track record for the past 4 years, it’s safe to say that she didn’t have to get a job at doordash at all, and that this ploy was only kept, and talked about to “prove” she was trying to get a job where she could be better self-sustained.

Apartment and Other Points Regarding Cash Flow

When you submit an application for an apartment you are required to show proof of income and job history. Here are two emails from December 2024. The top section of the email is Xia complaining about her new apartment. The second email says that she attempted to get my Aunt to cosign for an apartment, but the apartment management wouldn’t agree. Why would someone try to get an apartment where it looks like on paper you don’t qualify? Because she knows she has the money to pay it. On paper, due to her not submitting taxes on earned income, she cannot prove it. And since she’s self-employed, she can’t rely on normal pay stubs.

June 29th 2022. Between December 9th 2021 and June 29th 2022 Xia was driving back and forth between Albany and Buffalo to visit the dentist my sister works for. They had a dispute between the agreed upon price after Xia found out that she paid a discount cash/family rate and they kept the refund from our out-of-network dental insurance provider. She didn’t agree with the price and didn’t think he should have kept the reimbursement from the insurance provider. I’m not sure where they landed, but the receipt on the bottom left says that the total amount due was $7,112 after insurance. I’m not sure if this was the final bill because she says that the price was changed form $3200 to $4900. This is both an example of unaccounted for cash and to treat people in a way that says she is being tricked or cheated in some way. This cash withdrawal was not visible in her bank statements in the Financial Analysis Section.

January 26 2025 I received an email from my lawyer with her lawyer threatening me because I haven’t paid temporary maintenance in full. I paid the last one, $700 because I literally could not afford another cent. Very early next month I have to pay Max’s school bill so I can’t afford to pay an extra $1,170 right now either. The email I received was around 5:00 PM. At 6:00 PM I received an email from the YMCA saying that Xia just renewed her account. $65.00 per month. You don’t contact your lawyer and plead for money, then, turn around an immediately drive to the gym and agree to a $65.00 per month gym membership if you are in need of money.

Max’s Safety And Well-being

Due to current circumstances and conditions I am reluctant to say that her original statement of Maximillian being assigned to her custody may not be in his best interest.

November 10^th 2024 Email “And the stupid fuck owner they control the heat! They said they will turn the heat to 60 degrees at the daytime! My cat will be sick for the cold environment! He will be freezing for 60 degrees! I have to rent a room for max so when he comes back he can stay with me!”

February 8th 2024 “My landlord stood at my door in the middle of the night, asking me to chat with him. I said no and then he told me to move out!

She also is the type of person who threatens self harm very often, and has had a history of self-harm. She uses psychological tactics when things aren’t going her way to try to persuade and guilt someone into doing what she wants. I do not beleive this is healthy for Max to be around either. If she needs professional help, if she suffers from depression, anxiety, or other ailments, Max being around her is not the healthiest environment to be around.

Anger and Trust

I have a large list of experiences of Xia exploding in anger, and expressing distrust toward me, my son, family members, and others and toward herself. Below are some examples.

This is a photo of our coffee table. In the center is a picture of a ring. The ring is caused from her getting angry, yelling, and throwing a bowl down at the table when it flew off and hit the wall, the floor, and broke. She then proceeded to yell at me, throw herself against a wall while saying, “oh no, don’t do this to me”, before she fell onto the floor hitting herself against the floor until I restrained her.

These next two email messages are from Xia, about our real estate agent. She chose the real estate agent because the agent spoke Chinese. After she put the house on the market she started receiving offers. And one of the offers was pretty high and the agent said it was one of her friends.

The bottom paragraph she says she thinks the agent is trying to manipulate the sale. And then a couple of days later she self confirms her own statements.

In the end, she wasn’t able to sell to either of the buyers. We got $440 for the house, which was much higher than either of us ever expected.

There were always things like this. Her friends deceived her and cut her out of activities. She didn’t trust people at work. Her boss at Amazon just “want to have sex with me”. A student at school really loves her but she didn’t trust him. A guy she met wanted to have sex with her but didn’t want to divorce his wife. People online were trying to trick her. People in China “trick her money”. She didn’t trust Max and would always look through his belongings. She didn’t trust my mom. And of course she didn’t trust me.

Here is another example. We installed our fence before our neighbor. After reviewing the installation there was some discrepency between the land border documented with the county for our yard and our neighbors yard, and the angle in which our contractor installed our fence cut about 6 inches off of our neighbors yard on one end of the fence for about 20 feet. As the fence came closer to our house, again, because of the angle, we left about 6 inches of space on the outside of the fence again, for about 20 feet. When our neighbor was going to install a fence they came over and we compared files, and discussed it, and agreed, that if he just uses our fence as his left fence then it works out and we were both in agreement. About 3 years later Xia sends me this:

When we sold our house, there were never any questions about the fence or it’s position on the land even after a site inspector came in with county drawings of the land boundaries.

Order to Show Cause Temporary Spousal Maintenance

OTSC (proposed)Download

Received September 19th 2024. This was notarized and signed by Xia on September 18th, 2024.

Here Xia’s attorney was trying to force me to pay $2,147.14 monthly for temporary spousal maintenance. Our defense at the time boiled down to a recording where Xia stated she received $800 per month from her parents. Which ultimately reduced my required maintenance to $1,170. And she was also attempting to get a lump sum payment of $7,500.00 toward legal fees. I believe that her attorney made a processing error which prevented me from having to pay this fee.

However, looking at closer detail, we can see that there are many more holes in the claims that she is making here. First the document says that they are basing my income on $106,341 per our 2022 Tax Return.

“according to the website “SeeThroughNY” he earned an annual income in 2023 of approximately $96,716, which is more accurate, as our 2022 tax returns reflected total income of $106,341.00.”

However, they fail to recognize that Chen Xian Xia’s income from Amazon was also on that tax return in the amount of $28,725 which makes my total income for the period $106,341 – $28,725 = $77,616 since she did not report income from her business in 2022.

And with the unreported “$800 per month” gift from her parents, which is in all actuality money from running her business, we must add $9,600 based on the recording submitted at that point in time where she said that she received $800 per month when asked about her ATM transactions.

She continues to make other false alligations. She says:

“My Husband has access to all of our past tax returns and refuses to provide me access to same. “

Besides the fact that she had access to all documents in the boxes in our basement. Here is an email to her on April 2nd 2024 with all tax documents. I received the aformementioned OTSC on September 19th, 2024.

Continuing with the false alligations they say:

Copies of the Defendant’s Statement of Net Worth, a screenshot of “SeeThroughNY”, and the only 2022 tax documentation provided by the Defendant to the Plaintiff are attached hereto, and made a part hereof, respectively, as Exhibit “A”, Exhibit “B”, and Exhibit “C”.

On May 10th 2024 I provided clear documentation along with all check stubs, banking statements with direct deposits, and every requested document, thousands of copies of all accounts, totaling over $464.00 that was delivered to her attorneys.

She also states in the OTSC:

“My Husband has always been the sole income earner of the family. He Husband has always controlled the marital purse strings and will often withhold funds from me as a form of punishment and control.”

Which is a complete fabrication and lie. We know this from the Financial Statement Analysis, years of checks written to me contributing to our household expenses, and endless cash deposits of cash given to me as contribution to our household expenses. And, through the trending seen in the financial analysis, we can see that from 2019 to 2024, it is not me contributing less, but her contributing less toward our household expenses. These statements are being made to make it appear to the court, that she deserves more in alimony payments. And in the very next statement she says:

“I have held various side jobs during our marriage”

Semantics or not the two statements, “My husband has always been the sole income earner” and “I have held various side jobs” cannot both be true. And is not true. 2012-2025 she ran an export business. 2022-2023 she worked at Amazon. 2024 she delivered food for Grub hub for 1 month. 2025 she worked at New York State Departement of Taxation and Finance.

She continues to say:

“In 2019 I started a small business with my brother”

While it is true that she has always worked with her brother since he’s in China and she is here, it is not true that the business started in 2019. As we can see from the start of her business ¹ and account histories, it is true that she registered here business in 2019 in Albany. ² But it is not true that is when she started her business.

She goes on to say:

“However, during COVID, the business began to fail, and at my Husband’s urgence and advice, I ended my ties with the business in December 2021.”

I did advise her to register the business because she was operating illegally. And it is true that I did advise her to close the business and get a job, because I could see that she was still not operating legally. However, it is not true that I advised her to close the business because it was failing, and it is not true that she ended her ties with the business in December 2021. As we can see in the Financial Statement Analysis, the Call Log Analysis, her recorded statements, her emails, and her 7-22-2024-Website capture with annual sales of over 30,000 products and the evidence showing that the 7/22/2024 website is the same website as the 2020 website we can assume that this statement is also fabricated.

She goes on to say:

I began to work at an Amazon warehouse in January 2022. Unfortunately, the objects in the warehouse were too heavy for me to lift and triggered my urinary incontinence. As a result, I switched to working part-time with Amazon.

However her explanation is misleading. She changed from a day shift to a 7 to 11 shift so that she could continue making sales online at night. If she was home by 11:30 she could start working on Chinese sales at (China Noon) since there was a 11 or 12 hour difference depending on daylight savings time. If she worked early in the morning she would not be able to cover her sales schedule because she would have had to go to sleep in order to wake up in the morning.

In # 8 Xia explains her job situation.

“Due to my limited English, I have struggled to find substantial and longstanding employment. I have attended several interviews, only to be turned down due to my language limitations. Fortunately, I was just recently able to secure a temporary position with the New York State Taxation and Finance, but only earn $17.75 per hour for approximately thirty-seven (37) hours per week. I anticipate an annual income for 2024 of approximately $19,500.00.

One may argue that her failure to pass an interview was based on her English level. However, Xia has taken college level courses in English, has had over 15 years of formal English training, has lived in an English speaking country since 2010, and has a son who only speaks English.

As far as her job is concerned. She runs a successful export business. Before she filed for divorce she had a “substantial and longstanding employment” with Amazon. She worked there for two years but when we finalized our plans for divorce she voluntarily quit her job seeking alimony. She was most likely informed that she couldn’t do that in the eyes of the court, so she started working part-time as a driver. A position that requires no experience. She then moved on to state jobs, often citing jobs that she was not qualified for. And finally she applied at the Tax Department where I work. And was given a chance in the form of a temporary job. Very often a stepping stone to Civil Service exams, permanent positions, and a career in Tax and other departments. She has probably not yet taken a civil service exam, even though there are have been countless exams announced since the time she started working for the tax department.

Her Calculation citing around 37 hours in in fact a full time job at the Tax Department. 37.5 hours to be exact. And making 17.75 per hour for 37.5 hours a week for 52 weeks is $34,612.50 not, $19,500. For her calculations above for my income she included her salary and used my gross income. For her calculations for her own salary it appears that she down played the hours, and called it a part-time job. It is a full-time job. Her current position.

“My Husband and I presently reside together at the marital residence, located at 34 Stony Brooke Drive, Selkirk, New York 12158.”

I moved out at her request in early February 2024. In September, 2024 I had not lived there for nearly 8 months.

“However, my Husband has refused to pay the mortgage on the residence, which he historically paid during the marriage, since around April 2024, and we are now receiving foreclosure notices. I am fearful that my Husband is willfully risking foreclosure as a way to further control me and force me into an unfair settlement of this divorce action.“

She lived there for free and as much as I tried to keep up with her Electricity and Gas, Internet, Phone Bill, Car Insurance, Health Insurance, Dental Insurance, and maintenance on the house, I could no longer keep up. Prior to our divorce Xia contributed to our household expenses. For the year of 2024, she did not. To characterize this as me “willfully risking foreclosure” as a way to control or in her words, “further control” her is the furthest from the truth that is could possibly be. I begged and pleaded with her to help out, and I told her I could not keep up, and she told me her lawyer told her not to contribute toward household expenses.

She continues to explain why she needs this temporary maintenance.

As a result of his untoward behavior, and refusal to pay the mortgage, I would like to move out of the home, to escape his verbal/emotional abuse and strife, and list the house for sale to preserve the asset. For this to happen, I would need funds to survive. My current income is not enough to live on, and I would need continued financial assistance from my Husband to live.

Here I will just let her financial transactions, and financial analysis, the state of her business selling 30,000 items a year, and ability to have cash available to her at any time, and her citation of receiving $800 per month speak for itself. She had money. She has money. She is making sales. She is hiding it behind the guise of a temporary job while mischaracterizing my actions.

Here are the erroneous calculations they used:

Here she says she believes that I will “strong-arm” her into an unreasonable settlement while I am the only party who has suggested a reasonable settlement divided equally between both parties. Even after learning about her financial affairs.

“My Attorney also informs me that Domestic Relations Law§ 237 may require my Husband to contribute toward my counsel fees. I do not have the funds to afford litigation and my Husband knows this, which leads me to believe he will stretch this matter out and strongarm me into unreasonable settlement.”

And here she asks me for money that she borrowed from Max for his school which caused me to pay his school bills when he already had the money for his school bills.

“I respectfully request that my Husband pay my interim counsel fees in the amount of $7,500.00 to account for the initial retainer that I paid to my Attorney to prosecute this matter. A copy of my initial retainer is attached hereto, and made a part hereof, as Exhibit “E”.“

This is my notarized response:

notarizedresponse Download

And the outcome from the court was, they set a hearing date so a judge could decide.

May – Letter from J. Platkin 10-22-24 Download

Along with my response was a September 12th recording of her words concerning some of financial activities. This is a transcript of that audio file.

Audio_Transcript_Business_Explanation Download

November 1st 2024 we received his decision on the temporary alimony.

901524_24_Xiangxia_Chen_v_Daniel_May_DECISION___ORDER_ON_39 Download

With limited evidence submitted, and a short hearing, and a fast decision a portion of the available evidence was weighed. I would have to pay $1,170 per month temporary maintenance, not $2,147. And I would not be responsible for her attorney fees. I feel this is a safe decision under the circumstances with limited evidence and time at a pre-trial phase, however, do not feel ultimately, that this maintenance level is warranted, and know empirically that it’s not sustainable on my part given my other financial obligations to Maximillian.

Xia’s Business – In Her Own Words Over Time

This is taken in order order from multiple sources, emails, texts, and recordings in context of the timeline of our divorce, concerning her business and how she presents her business. To recap the beginning of her business from 2014 please see the section “Start of Business“. All quotations following are Xia’s words.

October 31, 2022 Email: “Dan we are going to divorce next year.”

January 28^th 2023 Email “Because I believed you then just gave it to you but I never know where’s the money go”

This is in reference to the 2019 $35,000 lump sum payment to help us catch up on our bills and to lower our monthly mortgage payment. Please see Financial Statement Analysis.

January 28, 2023 Email “Dan can you give me the thirsty thousands dollars receipts for me please that’s I gave you to pay for the house few years ago”

January 28, 2023 Email “I just feel bad for that because It is difficult to make money now”

Please note that up until now she had $35,000 available, she contributed it to our household expenses, and now that she has decided that we will divorce, she is taking account of the money to later claim that I somehow tricked her out of this money. Please also note that she is saying “difficult to make money” because she will also claim later to have no involvement in this business, and earn nothing from it, and also claim that the entire business is her brothers. Even though she started it, funded it, developed it, and made sales online for the business. Please see Financial Statement Analysis which shows from her accounts and mine, that since 2019, the periods measured by this case, I have paid 75% of all household expenses while she paid 25%. From 2014 to 2019 there was a gradual increase from 0% to half in 2019, then a drop in percentage up until now.

March 27^th 2023 Email “Dan can you don’t keep saying the Taobao money that for long time ago. I don’t like you using that money to threaten me, and you already used it, When you say that it’s hurting me. The divorce is none of those business anymore it already gone, the divorce is only about 3 years taxes return, bank savings ,house , retirement savings…what ever.”

I was not mentioning the money to threaten her. I was mentioning the money she earned from her business because somehow before the decision was made to get a divorce she had a thriving business, and after the decision was made, she had a failing business, and then no business at all according to her statements. Here she also tries to assert that none of her business income will be taken into account because since she decided to get a divorce the year before, she has made financial maneuvers to make business transactions less transparent such as using foreign credit cards and debit cards and other potential means.

January 6^th 2024 Text “In 2021, I faced less income from the selling stuff to China. closed the company”

Here she states that in 2021 she made sales to China. “Selling stuff to China”. And then closed her company. If this were true, there would be no financial transactions after 2021. Please see Financial Statement Analysis which clearly shows financial transactions after 2021. Also, if her business activity ceased we can assume there would be no phone calls to shipping companies, or suppliers. Please see Call Log that shows 747 phone calls to Shipping Companies between 2019 and 2024. We cannot rely on her Albany County DBA Registration dates as an accurate estimate of when she opened the business (See Business Start) and when she closed the business. (See Discontinuance of DBA)

April 3^rd 2024 Email “i borrowed money from my parents to do business, i have to pay them back!”

This is the first account of her explaining the financial transactions in her accounts as “borrowing money”. This statement implies that all the money she received and spent, whether on business expenses or personal expenses would need to be paid back. I assume attempting to set up some claim toward our assets in the future. Please see Business Start section and Financial Statement Analysis.

April 3^rd 2024 Email “you forced me to learn to drive and even made me register a company. The company didn’t make any money, and you made me work at the Amazon factory. I have urinary incontinence and can’t lift heavy objects. During the period from 2017 to 2024, you kept spending recklessly so you could accumulate more debt to no pay for my alimony”

I didn’t force her, as in I made her drive. I was increasingly less willing to drive her to the store to purchase things to sell to China because I wanted her to do it legally. This is why I suggested a job, and how she decided on her own, to get a drivers license. In this context however, I’m interested in the statement, “The company didn’t make any money.” Please see Financial Statement Analysis for an account of all the money her business made. And, this again, mid-2024, as her story evolves, is her attempting to say she didn’t make as much money as I was claiming to her that it did make before I was able to analyze her financial statements. And the second part of this, as far as me spending recklessly. It’s hard to spend recklessly when your spouse, who has agreed to pay half of our bills, is only paying 25% of our bills, the real cause of our debt. Which, in comparison, is relatively low compared to how much money we made during these years.

September 5^th 2024 “go ahead! stupid, see how much i made, see if i have a business! see if i lied about it!“

Please see Financial Statement Analysis , her Current Employment, Adjusted Household Contributions, Refinance, Bill Adjustment, Jeep Wrangler, Receipts, Evasive Money Patterns, Annual Sales Estimates and Total Spending for years 2019 to 2023. With the information given, she made between $228,575.57 (actual spending accounting for all business expenses) and $4.4 Million dollars (Estimated Sales). If her tax return logic is true, then she made $484,000 between 2019 and 2023 or $96,000 per year.

September 5^th 2024 Email “ i already told them all of true, i did not made any money since the covid! and close the business as you gave me the advice.”

If we consider Covid to be the end of 2019 and 2020, then she made $96.000 that year.

September 5^th 2024 Email “anyway after 2019 -2021 business close”

Since her business transactions are before, and after her Albany County registration dates, we cannot assume her own account of when the business “closed” means she stopped doing business. See Albany County DBA Registration and Discontinuance of DBA

September 5^th 2024 Email “wow, order the stupid AZO that my brother selling”

Here she indirectly agrees that she is still ordering products to sell in China. Products found in the original business concept (Business Start) and products sold today.

September 5^th 2024 Email “i had money go out of the ATM from my mom’s account that my dad gave it to me and i gave it to you!”

Here she claims that (all) ATM transactions are money given to her by her parents. She makes a similar claim in the recording from September 12th stating that she receives $800 per month form her parents. And we can see from the Financial Statement Analysis that most payments she received expressed in the category “ATM Cash Deposits” did not come to me. And at the same time there is nothing that can make us assume that all ATM Cash Withdrawn was deposited into any account.

September 6^th 2024 Email “I know how much I make after I close the business and I did trying to make up the tax but not enough money to report to the tax!”

Here she states that 1st she closed the business and second, that she made money after closing the business. She also states that she was going to, she had the intention of correcting our taxes, but since the amount she made was lower than some imaginary threshold, she didn’t report it. We were both employed and had already met the minimum threshold for reporting.

October 11 2024 Email “I asked the EA he said I don’t need to report what I spent! That’s not a business!”

October 11th, 2024, based on some description given to someone, she now states that everything she has done from 2014 to 2024 was “not a business”.

November 10^th 2024 Email “I don’t do anything business anymore you know I am dumb and I don’t like to lie!

I don’t believe she’s dumb. I believe when it comes to money, and business, and money management that she is very creative in the way she conducts herself. I also believe she doesn’t like to lie. But I believe these two values, the need to hoard and retain money, and the need to not lie are competing in these accounts.

November 20^th 2024 Email “I don’t have any income I don’t do business anymore!”

I believe this is what all of these statements, and her hidden business, and her hidden income, and her shift in how she conducts business is all to attempt to reinforce this statement and statements like these.

November 20^th 2024 Email “That Tuobao store is my brother’s running I don’t get any money from him anymore since 2022! “

First, I’d like to point out that her counterpart business, the business in China is not registered to her brother. It’s registered to her mom. Her mom who’s card she claims to be using at the ATM machines. And while she claims her brother is running it alone now, it’s American products being sold. The same American products we have from 2014, and 2019 when she openly ran the business, using the same shipping companies she has always used. See Receipts, Business Start, Adjusted Household Contributions, Evasive Money Patterns, and Call Log.

November 20^th 2024 Email “if you don’t believe it we will spend all of the money for the lawyer from the house! And at the end you still need to pay for my alimony!”

And this statement, like the one made earlier on November 20th, is the second reason for all of her behavior.

November 23^rd 2024 Email “Open your eyes see am I doing a business or not! “

Please see Call Log, Financial Statement Analysis , her Current Employment, Adjusted Household Contributions, Refinance, Bill Adjustment, Jeep Wrangler, Receipts, Evasive Money Patterns, Annual Sales Estimates and Total Spending for years 2019 to 2023.

November 23^rd 2024 Email “I don’t do business anymore and I don’t have that income you can not make it up! “

She is correct. I would never attempt to make it up. I have used financial documents provided to the court, phone records, her emails, her online information, and other supporting evidence.

November 25^th 2024 Email “That money my brother transferred to my business account was not an income! It was a joint fund money to Oder products!”

Please see Financial Statement Analysis, Adjusted Household Contributions, Total Spending, and Annual Sales Estimates . Please also see Evasive Money Patterns to see where the money is coming from.

November 25^th 2024 Email “They can see my income! They can see how much I spend on the ordered from before! they can see the money came from my brother to my business account and my personal account before! Non of my money! After ordered product! What ever left in my account was my income! “

November 28^th 2024 Email “I did not have a business in china! “

This is her attempts to use semantics. She is correct. She had a business in the United States. And that business sold products to China with her counterpart family members who have a business in China. This is common due to Chinese business law.

November 28^th 2024 Email “I only bought products from here! And never sale anything here too! Only thing I have business account here to buy products! That money was from my brother and sent to my business account or personal account to buy stuff then shipped to china!”

Please see Bori Cap email where she is trying to create an agreement to sell their products to China. Also, please see comment on January 6th where she says “I faced less income from the selling stuff to China“. Also please see the PC Photo above of her screen on the selling platform. And later when she refers to this as “Customer Service”.

December 6^th 2024 Email “That money not mine it was sent from china from my brother to order stuff! How much it sent in and how many stuff was ordered and shipped to china! Thank you for you get all of the informations! That is I need do to! I need to show the judge how much the money came in and how much it spent on the order and shipped out to china! Prove it I was not selling stuff in USA and the money it’s not mine! And it wasn’t came from my account! Yes how much we had it before all gone by you spend it! I do not want to lie about this either! Before money all went to your pockets you can tell the IRS if you want! I don’t have business anymore! It doesn’t matter! Since 2022 -2023 how much money I spent on order I am not going to lie about it! but it fail No more business!”

We can see from Financial Statement Analysis that “how much it sent in and how many stuff was ordered and shipped to China” is incorrect. See also Adjusted Household Contributions, Total Spending. And it’s interesting that she focused on 2022 and 2023 in her response, after she had already changed over from an ACH transaction system to a ATM Cash transaction system, and started using Chinese credit cards and debit cards directly.

December 6^th 2024 Email “Don’t forget I used my personal account to order stuff too! It all came from my brother for order stuff, not an income! You have to use came in money to minus the cost of goods sales how much left it will be income! That Chinese store Special it wasn’t mine ! I couldn’t control it! What ever my brother make it was not mine business and he is not sending money for me to order stuff anymore and what ever he use the same shipping company is not my business anymore! He doesn’t gave me any penny anymore ! You can ask him you want! I have my job I tried hard to work on it even I got I little money! If you keep saying I do business I can prove my income! “

December 6^th 2024 Email “I am happy you looking for the shipping company! I did say I did not do business before i did! How much come in and how much I ordered stuff I have it! “

While her USPS and other shipping company accounts have not been made available, please see Please see Financial Statement Analysis , her Current Employment, Adjusted Household Contributions, Refinance, Bill Adjustment, Jeep Wrangler, Receipts, Evasive Money Patterns, Annual Sales Estimates and Total Spending for years 2019 to 2023. With the information given, she made between $228,575.57 (actual spending accounting for all business expenses) and $4.4 Million dollars (Estimated Sales). If her tax return logic is true, then she made $484,000 between 2019 and 2023 or $96,000 per year.

December 6^th 2024 Email “I mean I did business before! I never said I didn’t! I did! “

Please see above statements where she said she didn’t do business.

December 7^th 2024 Email “You have not right to check my brother’s account! You are a thief! How many stuffs he sold it’s not my business it was not my store and I even did not have an access to go to his account and he never let me went in there! I only thing to do was did the customer! And ordered and shipped! I don’t need to lied about it!”

Please see Video 1, PC Photo, and Header 1.

December 7^th 2024 Email “What ever you said about my brother’s online store that wasn’t mine! You have no right to touch his stuff to make it to mine. Me either! And I don’t do business anymore you can’t just force me to accept it!”

I am not sure what she is referring to here, but take note that she says this store is not hers, and that she had no access. Please see Video 1, PC Photo, and Header 1.

December 9^th 2024 Email “I don’t have money and you keep saying I have business and making money now! And you know that is my fucking brother’s online store! And you accessed to his store! And he even never allowed me to access it before except for customer service and you know that and I fought with him before many many times! And he sold stuffs from someone else too! I had no right to his store ! I don’t care! What ever you saying to me! “

She says this in lieu of Video 1, PC Photo, and Header 1.

December 18^th 2024 Email “The little shit business made nothing! I didn’t own any business in china! proved it, only thing i bought stuff from USA, and sent it to China to my brother. My brother sent his money to me to buy it! and we borrow them a lot of money too! we have to pay them back! they told me!”

She asserts that she did indeed purchase products in the United States, and send it to China to sell. This is the second mention after October of the same year that this is somehow borrowed money. I suppose she is trying say that all the money she used to purchase products was her brothers, and all the money she spent for personal expenses was borrowed. This seems like a ploy so that she can claim a higher percentage of our assets during this divorce.

December 18^th 2024 Email Me: I also have pictures of you using the sales chat. With dates on it. Xia: That is not a lie! That is customer service! off course i have to be a customer service in the chat! just as the same every one! you so stupid, you can hire customer service! Nothing wrong to say for customer service! i am not the owner! it’s not me! its my brother! he is the owner! i not hire anybody! i know you just wants me to say it! and use the email to proved to the court! too bad, i am not the owner! i was help!

Earlier when she said she didn’t make sales, she now claims as “customer service”. See PC Photo, Bori Cap email, and November 28th Comment. She also uses the word “hire” making it sound like it’s a paid service, that according to her December 18th comment above she borrowed money to do.

Threatening My Job

These statements were in my emails from Xia talking about distributing the images and texts she found on my computer in October 1st 2021. I have already opening admited wrongdoing in this matter. That does not justify defemation at work, in the community, or any where else. These matters will not be tolerated at work and her current position is not union protected. I have not openly reported this behavior hoping that it’s just words.

September 8^th 2024 Email “I have so much to let the tax department know! What you did to me!”

September 25^th 2024 Email “I still has your guys pictures and texts! Should I post it on the tax department email? See is truth? “

October 11 2024 Email “When I gone before that picture should be all over the tax department from email. Sorry I have to!”

October 11 2024 Email “I will send the picture to your tax department before I gone”

December 18 2024 Email “you and your boss love words and pictures should be on the public soon”

Another Recording

In this recording, Xia is offering to sell the house, pay off the debt, and receive $100,000 for her alimony and offering to make me pay nothing else for alimony. She wants me to take all the debt that we have, and also, give her $100,000 for alimony without any expectation for payments after that. This recording was taken on 9/24/2024. Fast forward to 2/17/2025, she has asked me for more than $2,000 a month, and refuses to release any of the $218,000 that we have in escrow with her attorney because she wants to keep all of it, force me to keep all the debt, while she contributed to less than 25% of our household expenses, causing the debt.

2.Xia.Trying.gethouse Download

Impersonating Me to Gain Access to My Bank

Around 9/25/2024 I received a voice mail from Rocket Mortgage stating that Xia was calling in, impersonating me, and trying to gain access to my account.

And along with that there are other things. Times when she’s asked for my ID, my birth city, etc. She had my social security card in her jewelry box for years.

POINT

I lived with a person who unfairly took advantage of my kindness. Who blamed me , laughed at me, ridiculed me, complained about me, and mischaracterized me with every possibility and who turned around and made my reaction to her fits of rage seem like abuse. I had an affair during this relationship, and will forever be judged for that affair. I’m ok with that. But I was a good provider for my family, and I took care of my family, and while she screens bloody murder because I disagree with her, I disagree with her statements based on documented evidence, and a fair reaccount of each and every event. And if something is not explained completely and fully I would be more than happy to explain it better.

When this started I asked Xia to be honest and to be fair. She filed for divorce. The filing was meant to be an uncontested divorce. But even from the beginning she has not been honest or fair. She has downplayed her business income history, potential, and capability. She has defamed me in the eyes of my family and possibly my coworkers. She has threatened my job, my reputation, and has lied to gain undue temporary maintenance, and has attempted to extort over $280,000 in alimony from me with these lies. In return I have continued to only ask her to be honest and be fair. I have offered settlements numerous times directly to her and seek the following equitable agreement dated 2/18/2025.

We divide the house money equally.
- We have approximately $265,000 – ($4000 dispursed) = $261,000 in escrow from the sale of our house.
We divide our debts equally
- Approximately $50,000 at the time the divorce was filed.
- $265,000 – $50,000 = 215,000/2 = $107,500
There is no Alimony
- Xia has consistently earned a minimum of $54,000 through her business and can continue to do so.
- Xia ran her business while working at Amazon when she made $20.000 and now make $36,000 and can continue to operate her business.
- When you use her current wages $36,000 and inpute $54,000 you have $90,000 which makes our salaires equal.
  - Can you inpute money in NYS for divorce?
We share any expense for Max equally
She will receive her share of my NYS pension according to the laws of New York State.
I will receive my share of her 401k according to the laws of New York State.
We make no claim to each others business.
We make no claim to each others vehicles.
We both put $12,000 each into Max’s school account now for future college expenses.
We both agree to cover our own divorce attorney fees.
We both agree, in writing, to not defame each other professionally.

Pelletier v. Pelletier, 242 A.D.2d 325, 662 N.Y.S.2d 64 (2d Dep’t 1997) Comment: pension established during the marriage is marital property Property Distribution to Wife: 50% of marital portion of husband’s pension

However

My attorney may not see this as fair. Xia lived in our house from February 2024 to December of 2024 without me, and paid 1 payment. $1,400. While I paid over $16,000 toward bills and expenses. I’ve covered her health insurance all of this time while she misrepresents the facts $225 per month for her for alone. Over $700 per month for family health insurance. There will be an estimated $8000 in my attorney fees caused by her misrepresentation of facts. Fair may want to include those expenses.

$16,000 – $1,400 = $14,600
$225, 13 months, 15 months by May 2025. = $225 x 15 months = $3,375
$8,000 attorney fees
$1,100 x 2 + $700 and counting Temporary Maintenance.

It may be advised by my attorney that we will need to add $29,015 to my side of the equation. Not to mention consideration for the imbalance of household bill contribution where I contributed $275,851 more than Xia from 2019 to 2023 while it appears that Xia was earning more money than I was. I’m not sure what “fair” is there. But fair is certainly NOT me paying 9 years of alimony totalling over $280,000. And fair is certainly NOT me paying $1,170 worth of temporary alimony. And fair is certainly NOT me spending thousand of dollars on a lawyer when this could have been done on day 1. Fair is also not my credit score going for 780 to 300 because of all of this nonsense while her credit score is rising.

There are no happy endings to these things. Only heartbreak, and anger and confusion, and gossip. I sure wish it was over. We have a court date for May 21st, 2025 because Xia refuses to settle. She wants to continue to pay attorneys so that she can make points and get free healthcare and temporary maintenance.

Cymes v. Cymes, 235 A.D.2d 312, 653 N.Y.S.2d 4 (1st Dep’t 1997) Comment: proper to impute income to wife based upon her failure to disclose required financial information Child Support: wife to pay Counsel Fees: wife to pay

McGrath v. McGrath, 261 A.D.2d 369, 689 N.Y.S.2d 200 (2d Dep’t 1999) Comment: Proper to impute annual income to husband of $69,000 annual income to husband to complete maintenance and child support; a court may impute income based upon a parties past income or [a court is not bound by a parties account of his finances, and when a parties account of his finances is not believable, the court is justified in finding an actual or potential income greater than claimed. Proper to consider money received from parents in fixing child support Child Support: $204/weekly (Ch 2) then 16/weekly when main. terminates Maintenance: $250.wk for 3 years Property Distribution to Wife: 50% of marital property.

Goudreau v. Goudreau, 283 A.D.2d 684, 724 N.Y.S.2d 123 (3d Dep’t 2001) Comment: Wife had partial disability; court may impute income to a party based upon prior employment experience and the earning capacity reflected by her educational background. Years Married: 21 Ages/Income: H. 41 W. 41/$54/wk Disability Child Support: $133/wk 2Ch Maintenance: remitted for new trial on maintenance issue Exclusive Occupancy: title to wife Property Distribution to Wife: 50% ($102,000) of marital propert

Liepman v. Liepman, 279 A.D.2d 686, 717 N.Y.S.2d 790 (3d Dep’t 2001) Comment: Proper to impute income based on fathers assessment of his ability to provide support despite no indication income was reduced to avoid a support obligation. Outstanding financial obligations incurred during the marriage, which are not solely the responsibility of the spouse who incurred them may be offset against the total assets to be divided; proper to award counsel fees based on husband’s deception in hiding marital assets. Years Married: 9 Ages/Income: H. $34,516 W. 7,639 Child Support: Remitted Counsel Fees: Husband to pay 75%

Bittner v. Bittner, 296 A.D.2d 516, 745 N.Y.S.2d 559 (2d Dep’t 2002) Comment: The court is not required to find that a party has deliberately reduced his income to avoid his support obligations in order to impute income; it may consider his past employment history and earning capacity. Appropriate to offset support arrears against title to house. Proper to deny maintenance where wife employed, receiving child support and title to house. Years Married: 13 Child Support: $203/wk (based on imputed income of $700/wk [3 Ch] Maintenance: denied Exclusive Occupancy: Title to wife

Kawasaki v. Kasting, 124 A.D.2d 1034, 508 N.Y.S.2d 762 (4th Dep’t 1986) Comment: (husband responsible for 65% of marital debts where he was awarded 65% of liquid assets) Years Married: 10 Child Support: N/A Maintenance: No Property Distribution to Wife: Husband received 65% of undistributed assets and wife received 35%. Husband responsible for 65% of marital debts

Mosso v. Mosso, 84 A.D.3d 757, 924 N.Y.S.2d 394 (2d Dep’t 2011) Child Support: $1,160 per month in child support retroactive to the date of the commencement of the action. Exclusive Occupancy: to plaintiff until last of the parties’ children reaches majority. Property Distribution to Wife: $13,777 from certain bank accounts Comment: Supreme Court did not improvidently exercise its discretion in it imputing an annual income to the defendant of $52,000 for the purpose of calculating child support. However, Supreme Court’s direction that the defendant pay both child support and half of the carrying charges on the marital residence resulted in an improper double shelter allowance. Supreme Court improperly awarded retroactive child support to date of the commencement of the action, since the plaintiff did not request child support until she filed an amended complaint on August 27, 2007. Supreme Court’s directive that the defendant pay “one-half of the mortgage and real estate charges of the marital residence and half of the cost of any repair to the home in excess of $750.00” constituted an improper open-ended obligation. The direction to pay for repairs and other maintenance should state a maximum monthly or yearly amount. Expenses incurred prior to the commencement of a divorce action constitute marital debt and should be equally shared by the parties, unless evidence establishes a compelling reason why the defendant should bear the cost of repayment alone. Exclusive possession of the marital residence is usually granted to the spouse who has custody of the minor children of the marriage. The need of the custodial parent to occupy the marital residence is weighed against the financial need of the parties. The evidence at trial established that the parties were capable of maintaining the marital residence and that suitable comparable housing could not be obtained at a lesser cost than the cost to maintain the marital residence. Further, the defendant failed to establish an immediate need for his share of the proceeds of the sale of the marital residence.

Schaeffer v. Schaeffer, 142 A.D.2d 568, 530 N.Y.S.2d 234 (2d Dep’t 1988) Comment: (not an abuse of discretion to direct sale of marital home where custodial considerations do not require it) Child Support: $250/wk and all reasonable medical and dental expenses Maintenance: None Exclusive Occupancy: Ordered sold Health & Medical Insurance: No Dental Insurance: No Life Insurance: No Counsel Fees: None Property Distribution to Wife: Wife awarded a lump sum of $2,900 representing 50% of husband’s pension benefit and 50% of net equity of marital home after sale and satisfaction of marital debts.

Internal Notes: Anchors = start-of-business, certificate-open, reported-gross-income, close-business, call-log, order-temporary-maintenance, financial-statement-analysis, 7-22-2024-Website, link-to-her-business, her-current-employment, adjusted-household-contributions, lower-bills, refinance, jeep-wrangler, receipts, evasive-money-patterns, total-spending, annual-sales, tax-return, sept-12-recording, pc-photo, video1, header-1, october-1st-2020, dentistdispute, anger_and_trust, apartment_other_points, ymca, housewifing, impersonating_me


This is a withdrawal on 12/29/19 at Crossgates Mall in Albany for $800.00 serial number 6931 from account ending 6929 again from a People Bank of China ATM debit card.	Withdrawal on 9/5/2021 from “PBOC Debit” or Peoples Bank of China Debit serial number 7718 with card account ending in 6929 for $800.00 in Glenmont NY Bank of America ATM.

Withdrawal 9/5/2021 $800 Peoples Bank of China 7718.	Here is a withdrawal from Peoples Bank of China 6969 on 2/1/2021 for $800.00. $800 is the limit for daily withdrawal from Bank of China accounts. The next receipt is on the same day, 1 minute later.

Here is a withdrawal for $800 using card ending 8068 for $800 on 2/21/2021.	Withdrawal 8/3/2021 Serial number 4158.


Cash deposit $2,500 on 3/1/2022. Account ending 7015.	Cash deposit of $2,000 on 4/18/2022. Account ending 7015.

Cash deposit of $2,000 on 7/19/2022. Account ending 7015.	Cash deposit of $1140 on 3/8/2022. Account ending 7015.

Cash deposit of $450 on 3/25/2022. Account ending 7015.	Cash deposit of $1000 on 8/19/2022. Account ending 7015.

Cash deposit of $1700 on 6/14/2022. Account ending 7015.	Cash deposit on 12/24/2020 for $1300. Account ending 7015.