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Self employed ex & child support

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Kevmar44

Member
What is the name of your state?What is the name of your state?What is the name of your state?Ohio
Here's the story. My ex and I were separated for 3 years. During that time he paid me child support. When we divorced we were getting along great and I agreed to leave child support out of the paper work because he was whining about CS "charging" him to take it out of his check and he promised he would continue to pay me. At that time I had no reason to doubt he wouldn't keep his word. Well then along comes the new gf soon to be wife who basically lives to make other people's lives miserable and damn she's good at it too!. :cool: So this starts a 3 year stretch where I don't receive a dime. I'm paying for insurance, doctors bills, prescriptions, school supplies, clothes the whole nine yards. A year after I file the initial paper work for child support & custody, we finally get to court. During this time he quits a $30,000+ a year job to "start his own business" doing yard work, printing up fliers and some other bs. Soooo when we get to court he's cry'n poor mouth and says he doesn't even make minimum wage! So in the end I get $27 a week and they have to add my son to their insurance which I know didn't cost them a dime because they already had a family policy anyway. (I work insurance so I know the breakdown.)

My questions are...if I find out he's making more money, can I have his child support reviewed or do I have to wait the 3 years or whatever they require? And I also know all the ways the self employed can "cheat" the IRS and child support, so does anyone know how long he can play the "I don't make any money" game before he actually has to show his business makes money? His new wife had money (from her very generous 2nd ex-husband who was willing to pay BIG BUCKS to get away from her) so they are not hurting for money in any way, shape or form. They put her house on the market for $349,900 and have already dropped the price $65,000 in 6 months!!!! (The house is paid for - part of the divorce settlement from the 2nd husband.) Is there any way I can prove he's making more than he's claiming.
 


D

D.B. Cooper

Guest
Vey hard if he is recieving cash. Start with his bank accounts (HIS) and tax returns. You do not have to wait to file a motion to modify.
Is the state collecting on your behalf?
 

VeronicaGia

Senior Member
And her income, settlement, house, etc., are not subject to the child support order. She could be a billionaire, it wouldn't matter. She is not legally responsible to support a child that is not hers.
 

Kevmar44

Member
I know her income doesn't play into this, which doesn't matter, she's a janitor at a church :p so she doesn't make much. ALL her money came from the 2nd ex husband who gave her the house and some other property just to be rid of her. Also, my ex filed bankruptcy shortly after we divorced (how I have no idea, he didn't have much debt) so I don't know how that will effect things. I know all the vehicles are in her name and any house they purchase will have to be in her name also. I just want to make sure I get every dime possible out of HIM because of the games he played and the lies he told to get the lowest possible amount of child support he could. I've never asked him for anything extra for our son but I know what her reply would be because she used it on the 2nd ex wife..."that's what child support is for!" And as far as I know he goes to child support and pays a month at a time. There is no other way they can get the money that I know of. I plan to have his income reviewed every year if possible.
 

VeronicaGia

Senior Member
Kevmar44 said:
I know her income doesn't play into this, which doesn't matter, she's a janitor at a church :p so she doesn't make much. ALL her money came from the 2nd ex husband who gave her the house and some other property just to be rid of her. Also, my ex filed bankruptcy shortly after we divorced (how I have no idea, he didn't have much debt) so I don't know how that will effect things. I know all the vehicles are in her name and any house they purchase will have to be in her name also. I just want to make sure I get every dime possible out of HIM because of the games he played and the lies he told to get the lowest possible amount of child support he could. I've never asked him for anything extra for our son but I know what her reply would be because she used it on the 2nd ex wife..."that's what child support is for!" And as far as I know he goes to child support and pays a month at a time. There is no other way they can get the money that I know of. I plan to have his income reviewed every year if possible.

According to this: http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=OH&CFID=286718&CFTOKEN=22004672

(Section K)

you cannot modify every year except under the specific extreme circumstances mentioned in the link. And if his income is lower, it won't help you to modify anyway.
 

Kevmar44

Member
Well I don't have to worry about there being a DECREASE in his income!! They based his income on minimum wage because they wouldn't accept his lie that he makes LESS than that! I've heard from other people that sometimes the court considers potential income. Well he's sitting on a college degree with the ability to make $35,000+ a year. If I have to go back to court for support, can I make that an issue?

And DB, how can I get access to HIS bank statements or tax info? But I don't think it will help me because I know they are putting everything in her name.
 

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