Child Support Collection from a Self-Employed Non-Custodial Parent
My question involves a child custody case from the State of: alabama
I have been going through DHR for child support for about 4 years now. The Non custodial parent has been self employed for over 13 years now. He works under my father in what was a family flooring business, but now my father receives jobs from a major company and my ex is on his crew. In the last 4 years the ncp has not made one full monthly payment. When he does pay it's 1/3 of the monthly amount he's been ordered to and makes that payment 1-4 times a yr. I've been receiving his small tax return for 4 yrs. Dhr is NO help bc ncp is self employed they say the only thing they can do is take his tax return until he comes forward and works with them on resolving the current and arrears. He's currently 19300.00 in arrears and considers his tax return and a few hundred around school time as sueffent cs payments since he feels it's currently to high but will not turn in any paperwork to show he can't afford that amount.
Is there anything else I can do? How would I obtain a warrant? Dhr said they can't or won't without documented proof of his income. Which I don't understand since I've been receiving his returns and he files taxes every year. He's paid through father but he's 1099 self employed. My father will not give me copies of 1099s he's issued to my ex in fear he will end up in jail and not be a work.
Re: Child Support Collection from a Self-Employed Non-Custodial Parent
Read this and have DHR up their game. You get his tax statements every year. Take those to DHR, since that documents his income. Be a polite squeaky wheel.
Re: Child Support Collection from a Self-Employed Non-Custodial Parent
I have read that document (they also have me a copy). I personally don't get any of his tax documents, I just get sent his "payment" which comes from his taxes that dhr confiscates. He has nothing in his name, his car is his only possession and it's in his gf's name. He also has a joint bank account with her, which i was told they never keep more than $200.00 in just in case. He has apparently figured out a way around being held accountable for the child support. Because he's in a type of construction a yr ago they went 4 months without work and he had to borrow money just to feed himself and found work under the table.
If I got an attorney would they be able to do what dhr cant/won't? Would an attorney be able to get a warrant for him?
((He (ncp) doesn't care about his credit, has only had a DL 3 out of 10 years, he's also moved his gf's parents into his rental home to help free up his own money))
Re: Child Support Collection from a Self-Employed Non-Custodial Parent
Is it really worth the hassle? Even if he gets arrested for not paying child support, you're still not going to get that money anytime soon. My ex is about 14000 in arrears. I've thought about taking him for contempt solely because I want to see him explain to a judge why he's not paying support. But he's about to go to his 4th rehab stay in 4 1/2 years.
Even if he gets arrested for it, none of us that he owes (he has four kids with three women) is getting that money. When he has a job, I get like $25 a week. Which is more than the $86 he's supposed to pay but in 2 years I've gotten maybe 375?
You can always talk to a lawyer and see what advice they have to give you.
Re: Child Support Collection from a Self-Employed Non-Custodial Parent
** I see my error was that I said "tax return" when I meant tax refund**
Yes it is worth the hassle! He has signed over his rights to a previous child just to avoid child support. He now has another child with his gf (who has 1 of her own that she receives cs for). I've been struggling for 6 years to provide for my children with out much help from him! He makes $24 am hr for what averages 30 hrs a week. If he paid 100 every month I'd let it go. He has bills and expensive of his own so he should understand how it is for me to provide the necessities for my children. He doesn't like jail so if that's what it takes to get him to send something REGULARLY then yes I see the hassle as being my only option.