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  1. #11
    Join Date
    Apr 2014
    Posts
    8

    Default Re: Contempt of Court

    Yes, and judges are certainly not naive enough to understand that many legitimate businesses hire under the table. I don't think a judge would cut him too much slack after seeing pictures and posts of him working. Who is really going to buy that he was just volunteering? Gimme a break.

  2. #12

    Default Re: Contempt of Court

    The problem becomes that just a photo, or hell a BOX of photos or even video of someone working in and of themselves mean nothing. In the last two weeks, there have been pics taken of me repairing drywall, painting, trimming, and building cabinetry. Guess how much of that I got paid for? Zero. The problem isn't so much documenting what he's DOING, the burden is to prove that that effort is producing INCOME. That means showing cash hitting his hand, or a deposit hitting his checking account from the company or individual associated with the company, etc. It's not about the activity, it's about the MONEY. THAT is what you need to be able to show the court, and that's the reason that "under the table" cases are so hard to prove. But as has already been insinuated, all he has to do is tell the court that he was helping a buddy. Then the burden goes right back onto you to prove otherwise.

  3. #13
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Contempt of Court

    Quote Quoting llworking
    View Post
    I know that you are not naïve enough not to know that there are many, many employers that most people would believe were legitimate, (at least looking in from the outside) who do exactly that.
    There are no legitimate employers that pay their employees illegally... you're the "tax professional," I would think you'd know that legitimate employers don't intentionally violate the law.

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    Quote Quoting aardvarc
    View Post
    The problem becomes that just a photo, or hell a BOX of photos or even video of someone working in and of themselves mean nothing. In the last two weeks, there have been pics taken of me repairing drywall, painting, trimming, and building cabinetry. Guess how much of that I got paid for? Zero. The problem isn't so much documenting what he's DOING, the burden is to prove that that effort is producing INCOME. That means showing cash hitting his hand, or a deposit hitting his checking account from the company or individual associated with the company, etc. It's not about the activity, it's about the MONEY. THAT is what you need to be able to show the court.
    Oh stop! Ld says that doesn't exist. That makes it true because she knows 40000 who have been in EXACTLY that situation. In fact, she was directly involved in the case

  4. #14
    Join Date
    Apr 2014
    Posts
    8

    Default Re: Contempt of Court

    Okay, I understand that proving under the table work/income is going to be hard. My ex hasn't had legitimate work in almost 3 years. Assuming contempt would therefore be impossible to prove I would like it if the judge would order that he begin looking for work through an employment agency that would then have to document an effort on his part to fill out job apps, make it to interviews, etc. Is that something that ever happens?

  5. #15

    Default Re: Contempt of Court

    If he's got a marketable skill, then absolutely; you ask the court to "impute" an income for him - to apply an amount the court reasonably believes he could be earning if he wanted to without much effort. The court can then work off the assumption that he's ABLE to earn that amount and set child support accordingly, causing him to build up arrears if he continues to receive income "off the grid". The downside is: so what? At what amount will the arrears mean anything to him? $1,000? $10,000? $100,000? More? Because if he STILL works under the table unproven, all that changes is that arrears build up. If he has no property or assets, no tax refund that can be seized, then there's no getting blood from a stone. Things like his driver's license might be suspended. That doesn't generally stop people from driving however. He might loose any other government licensing, but is his employer is willing to pay him under the table, then it stands to reason that the employer isn't a stickler for their employees holding any licenses required in their line of work, so that's another dead end. The court MIGHT consider jailing him, but even that may be only three free hots and a cot to him, and courts understand that people in jail aren't able to earn money with which to pay support (and in fact costs taxpayers to keep them there), so even that isn't a long term solution. Bottom line is that someone who doesn't WANT to pay, isn't gonna pay, and the only way to reach in and GRAB any money from them is to be or hire a sneaky underhanded bastard willing to go the extra mile to sniff out his sources of revenue and expose them to the court so that they are either garnished, or haulted; with the hope of forcing him to earn "grabable" income.

  6. #16
    Join Date
    Apr 2014
    Posts
    8

    Default Re: Contempt of Court

    Thank you for your response aardvarc. We are already in that situation where the court imputed income and he is rapidly building up arrears. That's certainly gotten me nowhere. I would like to think that he doesn't want to return to prison on VOP for being in contempt of a court order however. I don't know if in Florida judges ever order a seek work order. I believe I did come across that statute. At any rate, that is how I would like my case enforced. That way he has to show that he is actively seeking out legitimate work so that his wages could be garnished. I believe in my case that would be effective since he is very much '' on paper" for the next 7 years or so.

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