Under The Table Income

[wyattearp]

My question involves child support in the State of: California

My Child Support case has been a long ordeal (9 years in the making) and VERY hostile. My Ex-Wife orginally has custody of both our children. 4 years ago she sent one child (my son) to live with me, then last year she sent another (my daughter) to live with her parents for the remainder of the school year (so she could get to know her new husband better) I am working on getting her out to live with me.

When I gained custody of our first child, the court said that since I made more money than her I still needed to pay for the child she still had custody of (fair enough, I was hoping they would call it even and neither parent would pay, but never-the-less). So I was paying her $500/month. Her income was $2200 and mine was double that. I am now remarried with one child of our own.

Now, that she doesn't have either of the children the court has ordered her to pay ME $500/month for only the first child, since our second is still living with her parents for the remainder of the school year. I still send the money to the grandparents to help raise her though.

Since the first court date she has changed jobs and is now a Massage Therapist and works "under the table" advertising on Craig's List for $95/hour. She is claiming on her income and expense declaration that she only makes $1000/month now. The Judge didn't buy it and imputed her income to the $2200/month she was making before. In addition she has not visited with either of the children because neither of them will speak with her (their own choice, not mine) so he set her visitation at Zero.

To sum up, she is in arrears to me for $2450 now, and has not paid one cent to me. She is threatening to go to DCSS and file a modification and raise cain because the Judge is forcing her into "poverty" She is an able bodied woman in her early 30's and was able to make double her income.

What can I do if she files a modification? Will the Judge "force" her to get a real job? Will I get her tax return?

Child Support Services says there is nothing they can do to collect, and their words to me were " You probably won't ever see any money"

[Xena]

My question involves child support in the State of: California

My Child Support case has been a long ordeal (9 years in the making) and VERY hostile. My Ex-Wife orginally has custody of both our children. 4 years ago she sent one child (my son) to live with me, then last year she sent another (my daughter) to live with her parents for the remainder of the school year (so she could get to know her new husband better) I am working on getting her out to live with me.

When I gained custody of our first child, the court said that since I made more money than her I still needed to pay for the child she still had custody of (fair enough, I was hoping they would call it even and neither parent would pay, but never-the-less). So I was paying her $500/month. Her income was $2200 and mine was double that. I am now remarried with one child of our own.

Now, that she doesn't have either of the children the court has ordered her to pay ME $500/month for only the first child, since our second is still living with her parents for the remainder of the school year. I still send the money to the grandparents to help raise her though.

Since the first court date she has changed jobs and is now a Massage Therapist and works "under the table" advertising on Craig's List for $95/hour. She is claiming on her income and expense declaration that she only makes $1000/month now. The Judge didn't buy it and imputed her income to the $2200/month she was making before. In addition she has not visited with either of the children because neither of them will speak with her (their own choice, not mine) so he set her visitation at Zero.

To sum up, she is in arrears to me for $2450 now, and has not paid one cent to me. She is threatening to go to DCSS and file a modification and raise cain because the Judge is forcing her into "poverty" She is an able bodied woman in her early 30's and was able to make double her income.

What can I do if she files a modification? Will the Judge "force" her to get a real job? Will I get her tax return?

Child Support Services says there is nothing they can do to collect, and their words to me were " You probably won't ever see any money"

If she files for a modification, you can counter that with filing to enforce the court order for the arrears.

Also, if the last modification was recent, and there hasn't been a change in circumstances her request would most likely be denied. Her claim of the order forcing her into poverty is not a valid legal claim, or reason to have CS decreased.

No, a Judge cannot force anyone to get a job, what the Judge can do though is to order payment. Then it's up to the parent to find a way to pay that order.

Speak to CSE about putting in for an IRS refund intercept. It's too late to get this year's, but they can intercept next year's refund.

[DeeCan]

Child Support Services says there is nothing they can do to collect, and their words to me were " You probably won't ever see any money"

I'd tell CSE to collect just as they would on anyone else and use ALL the provisions available to them.

Sometimes you have to FORCE CSE to do their job.

And, no, they can't make her get a job, but they can continue to impute her income. Secondly, you are just as entitled as anyone else to a tax refund intercept. Either give CSE a swift kick in the hooha or check your state laws to find out the procedure for doing it yourself.

[HawaiiMom]

Child Support Services says there is nothing they can do to collect, and their words to me were " You probably won't ever see any money"

This is a bunch of crap!! It's interesting that when a FATHER does not pay, they (CSS) use any means necessary, up to and including, jail time to get that money! Read some of the posts on this board from FATHERS who are living in poverty, because their lazy ex-wives/mother of their children either refuse to work, or just want to destroy these fathers financially. These horror stories might make you change your postion on how to deal with CSS.

I'd tell CSE to collect just as they would on anyone else and use ALL the provisions available to them. Either give CSE a swift kick in the hooha or check your state laws to find out the procedure for doing it yourself.

Amen to that!! DO NOT allow them to just sweep your case under the carpet. And as far as your ex threatening to go to DCSS, tell her to go right ahead, and then wish her luck cause she's gonna need it