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  1. #1
    Join Date
    May 2005
    Location
    CASTRO VALLEY, CA
    Posts
    2

    Default Misrepresentation of Income with Having Support Adjusted

    LET ME GIVE YOU A ROUGH HISTORY... MY EX HAS SUCCEDED IN HAVING MY VISITATION TAKEN AWAY FROM ME, DUE TO THE FACT THAT WE LIVE OVER 140 MILES AWAY FROM EACH OTHER AND I CANNOT TAKE THE TIME OFF OF WORK TO ATTEND COURT ALL THE TIME. SHE HAD 3 DIFFRENT COURT DATES JUST LAST MONTH, AND NOW MY COURT ORDERED CHILD SUPPORT HAS GONE FROM AROUND $425 UP TO $900. SHE OWNS A STATION IN A HAIR SALON WHERE SHE CUTS HAIR, SO ANY MONEY THAT SHE MAKES GOES DIRECTLY TO HER (LESS MONTHLY RENT FOR THE STATION). SHE SAYS THAT SHE IS ONLY MAKING ABOUT $600 A MONTH. HOWEVER, SHE IS ONLY CLAIMING THOSE WHO PAY WITH CHECK OR CREDIT CARD. I DON'T BELIEVE THAT $600 WOULD COVER HER RENT FOR THE STATION. SHE IS ON SECTION 8 SO SHE DOES NOT PAY RENT, PLUS SHE GETS FOOD STAMPS AND WELFARE FOR A CHILD THAT SHE HAD FROM A DIFFRENT MARRIGE AFTER WE DIVORCED. NOW SOMEHOW SHE HAS BEEN ABLE TO AFFORD A NEW SUV. HOW CAN I PROVE THAT SHE IS LYING ABOUT HER INCOME AND NOT TO MENTION COMMITTING WELFARE FRAUD. THE FATHER OF HER YOUNGEST CHILD IS LIVING WITH HER ALONG WITH HIS OTHER CHILD AND SHE IS CLAIMING TO BE LIVING ALONE WITH OUR 2 BOYS.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Court Hearings

    Often courts will find ways to accommodate parents, perhaps even permitting appearance by telephone, and for many hearings it is possible to proceed through local counsel without personally appearing. If you want to pursue any claims in relation to your ex's pay, you would have to appear for any associated court hearings; the court is not likely to be impressed if you can make it to hearings relating to support, but not in relation to seeing your children.

    In terms of somebody who is claiming a low income, while presumably not reporting cash, there are things you can do. For example, have an investigator count people coming in and out of the salon for treatments, and compare that to the number of customers she reports. Or obtain her bank statements (if the court permits discovery) to show cash deposits or expenditures in excess of her claimed income. A local lawyer may be able to assist you in formulating an effective approach.

  3. #3
    Join Date
    May 2005
    Location
    CASTRO VALLEY, CA
    Posts
    2

    Default

    IS IT ILLEGAL FOR ME TO HAVE A FRIEND TAKE PICTURES OF HER TAKING CASH FROM CUSTOMERS? IF IT IS LEGAL, WILL THE PHOTOS BE SUBMISSABLE IN COURT?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Pictures of Ex- Taking Cash

    If you want to get into the legalities of surveillance in any particular jurisdiction, you should consult with a lawyer within that jurisdiction. Another issue, though, is (assuming your friend wasn't noticed) whether the friend's testimony would be seen as unbiased, and whether the friend would have enough pictures to convince a court that cash transactions were not reported on prior occasions. You should talk to a local family lawyer as to how a judge might react.

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