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My ex says child support won't doing anything to him but lower his child support

This is a discussion on My ex says child support won't doing anything to him but lower his child support within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My exhusband is a subcontractor who gets paid in cash or personal check. He was paying $35 a week for ...

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Old Aug 2nd, 2007, 08:23 PM   #1
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Default My ex says child support won't doing anything to him but lower his child support

My exhusband is a subcontractor who gets paid in cash or personal check. He was paying $35 a week for our 2 kids. When we went to court the judge made him bring a copy of his 1099 & raised his child support to $1180.00 a month. He's now $17000.00 behind in child support. He got married 4 months ago to a woman he's been with for 4 yrs. His wife doesn't work & he subcontracts for a property service. He remodels & repairs houses & cleans up & mows yards for them. He also does jobs on the side for himself. Before he got married he signed a prenuptial aggreement saying all of him & his wife's property was hers even though they got it after they got together. Because of the kind of work he does they have several trucks & trailers in their yard a $6000.00 storage building & a caboda which is a big riding lawn mower w/ a backhoe on it. My ex has all of this stuff in his wife's name & any money he gets paid for working he puts in her name. He also has his business license in her name. He hasn't filed taxes in 10 yrs & the reason he's putting all the income & property in his wife's name is so he can hide everything from the irs & child support. I just want to know if he can get away w/ this since everything's in his wife's name & I can't prove anything is his. He says child support won't doing anything to him but lower his child support since everything in his wife's name & I can't prove anything's his. Thanks.
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Old Aug 4th, 2007, 10:12 AM   #2
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Default Re: Child Support

Go to the District Attorney and ask them to arrest him. They can do that with that amount owing, and will. And then he will pay or sit in jail.

World Law's lawyers could also probably help resolve this if need be. You may email them on the home page.
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Old Jan 27th, 2009, 04:37 PM   #3
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Default Re: My ex says child support won't doing anything to him but lower his child support

I'm a father paying child support and have the opposite problem. I'm guessing as far as the IRS everything he's doing is legal - the money IS being taxed but in his wife's name. There's many ways for fathers to get out of paying child support, which has tainted the system. It has made it incredibly hard for the people that follow the letter of the law, such as myself, who end up paying 50% of their income.

Quick note: January 31st, 2008 I was sued for child support. It was applied retroactively such that I was immediately $3018 behind. Within four months I had been evicted from my apartment, had my car reposessed, and gone into default on my student loans.

So I suppose conversely, he's avoiding the law because if he didn't, it would become entirely unfair but in the other direction.
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Old Jan 30th, 2009, 03:18 AM   #4
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Default Re: My ex says child support won't doing anything to him but lower his child support

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Because of the kind of work he does they have several trucks & trailers in their yard a $6000.00 storage building & a caboda which is a big riding lawn mower w/ a backhoe on it. My ex has all of this stuff in his wife's name & any money he gets paid for working he puts in her name. He also has his business license in her name. He hasn't filed taxes in 10 yrs & the reason he's putting all the income & property in his wife's name is so he can hide everything from the irs & child support. I just want to know if he can get away w/ this since everything's in his wife's name & I can't prove anything is his. He says child support won't doing anything to him but lower his child support since everything in his wife's name & I can't prove anything's his. Thanks.
People who track down exs and see how much they're spending, then claim they deserve part of that money sicken me.

Firstly, they drastically uped his payments (almost 1000%). Secondly, him being legally married again ties you into half of all assets in the marriage (unless he signed a prenup, but something tells me he's too stupid for that).

Going to the "DA" as suggested above isn't even possible. You can file criminal charges though, which is what I assume he meant. You may or may not get the amount out of the court system. I doubt that you would if it's really all in his wife's name, unless you file civil charges also. If you file civil charges, he will probably just dodge repayments as well for those.

Prenups are sure sounding like a good idea right about now eh? I always laugh when people claim they aren't necessary for "true love".

~Matt
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Old Jan 30th, 2009, 08:16 AM   #5
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Default Re: My ex says child support won't doing anything to him but lower his child support

Keep hounding child support. Go in and talk to someone. Explain the sitation.

Then check in for updates. "Have they been able to contact him, will you start recieving child support anytime soon?"

If he thinks they'll lower it...he's likely wrong. Self Employeed hiding income is not a new trick. They know how to deal with it (usually).
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Old Jan 30th, 2009, 02:44 PM   #6
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Default Re: My ex says child support won't doing anything to him but lower his child support

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Keep hounding child support. Go in and talk to someone. Explain the sitation.

Then check in for updates. "Have they been able to contact him, will you start recieving child support anytime soon?"

If he thinks they'll lower it...he's likely wrong. Self Employeed hiding income is not a new trick. They know how to deal with it (usually).

They seemingly can not garnish his wages though, it's not a bad strategy at all to shirk payments assuming the person doesn't mind possible criminal charges (though I doubt a judge would sentence him to any jail time).

You can not "get to his money" either, unless he is so scared after I civil suit victory he in fact decides to pay it.

~Matt
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Old Sep 3rd, 2009, 09:14 PM   #7
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Default Re: My ex says child support won't doing anything to him but lower his child support

In the state of Georgia, child support arrears NEVER go away, and cannot be reduced. Current child support can be reduced.
My ex-husbands father kept being put in jail over not paying arrears of child support well after his children were into their 30's. And his ex-wife had already passed away. They just kept coming after him.

Although my daughters do not live with me right now my ex still owes me back child support. He now lives in Florida. Because other states will not bring someone back across state lines for a child support warrant. He actually has 3 warrants on him right now. Child support contacted me not so long ago anf threantened me if i didnt tell them where he was. At the time i had no clue. Now that i do i have passed the information on to MY attorney...I dont like being threatened.
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Old Sep 4th, 2009, 09:19 AM   #8
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Default Re: My ex says child support won't doing anything to him but lower his child support

have you tried to reason with him by lowering that ridiculous amount of 1180 a month? You know as well as everyone else that is a BS amount of CS to pay for two children, I don't care how much money the man or woman makes. If you talk to him and come up with a figure that you both can agree too, you are likely to see money coming your way, and drop that back support owed to what you have agreed to, if he pays it in a one lump sum payment. Remember parents working together succeed in raising the children far more than two that don't. Also try flipping the situation and see if you would be okay with that paying him that much money every month.
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Old Sep 4th, 2009, 05:19 PM   #9
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Default Re: My ex says child support won't doing anything to him but lower his child support

Child support won't be lowered simply because he's hiding behind his wife and her assets. Child support is a legal and moral obligation that is owed to the child for the cost of his/her upbringing. No child should be punished by either parent by withholding money that is necessary to raise them. In this way, taxpayer's aren't put on the hook thru welfare and other means, to pay for the child's upbringing. If you created a child, it is your responsibility to help financially support him/her.

The father is erroneous in his thinking.
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Old Oct 13th, 2009, 10:31 PM   #10
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Default Re: My ex says child support won't doing anything to him but lower his child support

In many states, there is a section in the laws that forbid fraudulent transfer of assets to avoid garnishment and seizure. I would look into that and see if you can prove that this is what they are doing then you might have a case. I would contact an attorney or a judgment recovery specialist (they are usually cheaper).
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