Mother Isn't Claiming Her Income and Works "Under the Table"

[muchhelpneeded]

My question involves child support in the State of: Ohio.

My husband pays 62.22% of his children's monetary needs (according to the child support work sheet) and pays all of their medical, dental and vision insurance. His oldest son (15) with his ex wife is receiving almost $700 a month from S.S.D.I. because he is disabled. We no longer see this child because of his unstable mental state. Their 12 year old son is constantly telling us that his mother works and he goes with her to work. She cleans apartments for her boyfriend's family business. Because she works for her boyfriend's family, we know they won't testify the truth in court. My husband pays almost $1,000 a month in all of these costs. I completely agree that he should help support his children but we are tired of her frauding the system to get more help. We can't afford to have a private investigater follow her and we're worried that if we go into court without proof that he'll end up paying more child support. We have 2 children together and can barely afford to live because of all the support he pays. And because he gave her custody of their oldest, now she is saying she is going to take him back for more money. She gets S.S.D.I. for their oldest, food stamps, the state medical card and countless other state funded resources at her finger tips. What can we do to prove our case in court and make her stop using us and the state?

[lawaholic]

Well, if she's not claiming any of her income and she's really using the child support money on the children, how is she paying the bills? If you can't come up with a legitimate answer to this question, you may have a case worth presenting to a judge. However, before you consider that, think about this: If you take her to court, what end are you hoping for? Are you hoping that a judge will absolve your husband of his child support responsibilities? If so, that's not likely. Regardless of how his ex-wife uses that money, it is still his responsibility to send it to her for the children the two of them share.

[Dogmatique]

What makes you think she's doing anything wrong?

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Well, if she's not claiming any of her income and she's really using the child support money on the children, how is she paying the bills? If you can't come up with a legitimate answer to this question, you may have a case worth presenting to a judge. However, before you consider that, think about this: If you take her to court, what end are you hoping for? Are you hoping that a judge will absolve your husband of his child support responsibilities? If so, that's not likely. Regardless of how his ex-wife uses that money, it is still his responsibility to send it to her for the children the two of them share.

There's nothing wrong or illegal with her boyfriend paying all of her bills.

[muchhelpneeded]

I am not hoping that a judge would absolve my husband from any of his monetary responsibilities to his children. We are simply wanting her to pull her own weight. It's not right for her to use the state resources the way that she does and work the way she does, making the money that she does, and lying to the courts and state agencies in order to keep receiving said help. A few weeks ago, their 12 year old son came to our house and said "My mom went to Lowe's and bought flowers to plant at her boyfriends house." I said "Thats nice, what kind did she buy" to which he replied "I'm not sure but she didn't buy much and spend $243." I thought WOW, how is a woman with no other income other then child support and ssdi spending that much money on flowers? I told him her boyfriend probably paid for it and he said "No he didn't, she used her bank card"

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And I don't believe her boyfriend is paying her bills when we've been told by the child that he has seen "her boss" pay her with $100 bills. When the child wants you to take his mother back to court because she brags so much about her ex paying so much child support and the court not knowing that shes working, thats a big problem.

[Dogmatique]

The bigger problem is why the parents - yes, both of them - are even discussing this with the child, quite honestly.

Now, how does this 12 year old know that the boyfriend isn't simply depositing $500/month into her checking account? He doesn't, does he?

[muchhelpneeded]

We do not discuss these matters with the child. He comes to us and says things and we say okay. And besides if I remember correctly then on the paperwork it asks if anyone else gives you money regularly. And when my husband calls her and its loud and he says where are you she replies with. I'm at work and its none of your business. She admits she works to others but brags how much she uses the stars benefits