Payor is Hiding Assets to Get a Downward Modifcation
Uncategorized Tagged child support, downward, hiding assets, modify, under the table earnings May 4th, 2009Question:My ex and I have been divorced for five years, I have recently remarried and have a daughter, too. My son is from the marriage that ended in divorce. We agreed on child support payments through our divorce at five hundred a month.
He receives benefits from a military discharge,he gets about 600 a month for that.
He is a plumber and works under the table and also has been a bouncer at night clubs and made money illegally. Now he is with a new girlfriend and all of the sudden is claiming that he can’t pay because he can’t find a job, but reports having applications out! He wants to file for a reduction in support payments claiming he has no income, claims he makes only 900 a month.
I work two days a week, and pay child care for those days, I am also responsible for his health insurance and always have been. I have an bright a child in special gifted enrichment classes through the school system, he is in band, ccd, scouts, and baseball all which I am responsible for paying, equipment and transportation.
What Am I to do? What are my rights in NJ. If he has always paid in the past without “reportable/ legal income” is he entitled to continue to do so . I know his military benefits cannot be used for determination if that is his only income. What if he has other jobs, can it then be factored into account? Any insight is greatly appreciated.
Answer:
He has a right to apply for a downward modification if he is making less money. You will be given an opportunity to challenge his income statement at the hearing.
So be ready, have a friend contact him and obtain a quote for plumbing job, have your fiend ask for references and usual rate of pay. Your friend can then testify about this and you can subpoena his “references” to prove he does indeed have more income than he is claiming. Also his military benefits and/or Social Security Disability Benefits are counted an attachable income, only Social Security Supplemental payments which are suppose to be temporary and less than $200 are protected from attachment.
July 9th, 2009 at 3:19 pm
I was never married to my son’s father, nor did I have a support order but he has not paid in over 8 years. I started an order with California this year but they wont go for back support just current since there was no order. What can I do to collect the last 8 years he owes?
July 11th, 2009 at 12:07 pm
A child support obligation begins when the order is established, they can’t go back 8 years unless you could prove he actively avoided being served legal notice so the order couldn’t be entered by the court. This is very hard if not impossible to prove.
July 17th, 2009 at 3:56 pm
IF there is no child support order how do I collect the past 8 years of child support? He verbally agreed to pay then never did, now I am in the process of getting an order established but how can I collect on the last 8 years that he was suppose to pay? I understand that the state wont go after him but can I and if so how?
July 17th, 2009 at 4:01 pm
I guess I should elaborate, when our child was 3 months old the state opened an order against him and at the time we were living together but they made him sign saying if that ever changed he would alert them well fast forward 2 years we seperated and after a year he quit paying and they never went after him as they did not know. I moved out of state and tried with my state for 2 years to open an order and could not so I finally contacted the original state and they finally got the support order open but now the last 8 years he has not paid and I think he should. How would I go about collecting that?
July 19th, 2009 at 12:18 pm
You can ask the government child support agency to include a request to the court for back support in the establishment case. You should be able to go back to the date you first asked the government agency to establish an order. The child shouldn’t be punished due to their lack of successful action. If your case worker refuses to help ask to speak to a supervisor or the case attorney.
October 21st, 2009 at 5:34 pm
My daughter is 19 and has been out of school for 6months
she had a full ride to a school. Ivy tech but didn’t go
she said she’s going to go in November maybe, she also lives with her boyfriend not her mother. She has been living with him for one year and a half. Do I still have to pay child support on her? IT goes to her mother who has gotten married in the last 6 months. Why if she doesn’t go to school or leave with either one of us. Do I still have to pay support. Brian
October 21st, 2009 at 5:55 pm
It depends on what your court order says. I doubt you need to pay if she is 19 and no longer lives at home, unless there is some provision for you to continue support through college. But even then, the custodial parent is usually required to be paying towards college and/or room and board, if the child is not living at home. Even in states where support is due until age 21, emancipation of the child (living on their own)is grounds to terminate a support obligation.
You will need to notify the court about the situation, that she is 19 and not living at home and not attending school……so that a release can be sent to the government child support agency.
Most courts have a form you can file yourself for emancipation of the child.
October 27th, 2009 at 12:17 pm
I was never married to my x, we both lived in CA but he moved to Henderson NV when our son was born. I opened up a Los Angeles county child support case and he makes payments on his own since he is self employed. But he is now 4 months behind so I try opened up a interstate case so they can start enforcing the case in NV, but I opened the case 4 months ago. Why is it taking so long to transtion over from a DIV 5 case to a interstate case? My x is self employed and pays when he feels like it even though we have a court order. he is now 1300 dollars in arrears. help!
October 27th, 2009 at 12:18 pm
October 27th, 2009 at 12:17 pm
I was never married to my x, we both lived in CA but he moved to Henderson NV when our son was born. I opened up a Los Angeles county child support case and he makes payments on his own since he is self employed. But he is now 4 months behind so I try opened up a interstate case so they can start enforcing the case in NV, but I opened the case 4 months ago. Why is it taking so long to transtion over from a DIV 5 case to a interstate case? My x is self employed and pays when he feels like it even though we have a court order. he is now 1300 dollars in arrears. help!
October 30th, 2009 at 8:31 am
CA probably filed an UIFSA which is like an interstate contempt of court in NV, this often takes 6 months. Los Angeles is known to have a “poor” child support enforcement system so it would be best to call NV to make sure that the paperwork has actually been sent there from CA, and to make sure NV is acting on it promptly, Call the state child support office in NV and ask for the “Central Registry” this department logs in the incoming cases form other states and sends them to local NV office for enforcement action.
See for http://www.familiesonlinemagazine.com/child-support/child_support_agencies.html for how to contact NV