If your ex works under the table and refuses to pay child support, you can take them to court. When you have custody of your child, the law compels your ex to pay you monthly child support. This money will be used to pay your child’s educational, feeding, and clothing costs. However, if your ex is working under the table or in an industry that pays them in cash, the court may find it difficult to collect child support by garnishing earnings. If this is the case, you can take the following actions to increase your chances of getting the child support you’re entitled to.
Demonstrate that your ex is working under the table.
When you file your motion for enforcement, you may not have evidence that your ex is working under the table. However, if you make this claim, the court may allow you to subpoena your ex’s employer to see how they’re paid and how much they’re making. You can also employ a private investigator to determine where they travel, what they do, and how they generate money.
This means that even if your ex won’t admit what they make, the judge can “impute” your ex’s income based on available evidence. The judge will calculate how much they can earn in a year and use that figure to calculate child support payments. Even if your ex doesn’t work, the judge can infer income based on various variables such as education, employment history, and so on.
Child support is usually calculated using the paying parent’s gross annual income and the number of children they are responsible for. Income before taxes and most other deductions is referred to as gross income.
The payor parent must provide precise financial details. This can include things like:
- Income tax returns
- Pay stubs
- Financial accounting for any company that they own
- Employment insurance, social security, a pension, or worker’s compensation statements
- Proof of a trust’s income
These documents don’t always convey the complete picture of what the payor parent earns or could earn. This could be because they:
- Work for cash
- Working part-time or in a low-paying job makes them underemployed.
- Are self-employed and claiming deductions for things that aren’t really business expenses.
- Are keeping money in their company that could be used for support
Your partner may be doing these things to avoid paying child support. You can request the judge to impute income in certain scenarios. This is asking the judge to rule that your partner earns or can earn more than they claim.
Submit a motion to the court to have the child support order enforced.
Your ex was previously ordered by the court to pay child support. If this does not occur, you have the right and responsibility to file an enforcement motion with the court. In your motion, make it apparent that your ex is not making the requisite monthly payments. You should inform them that they are receiving cash payments and underreporting their income to avoid paying child support. After it is submitted, the court will schedule a hearing.
Ensure that your spouse pays any court fines.
The court has the right to punish your ex if he or she fails to pay child support, as courts are always concerned with the best interests of the child.
If your ex fails to pay child support, the courts have the power to take drastic measures. The following examples demonstrate this:
- Their driver’s license has been suspended.
- Credit agencies are notified of past-due child support.
- Liens are being placed on their property.
- Freezing cash in bank accounts or other investment accounts
- Other licenses, such as hunting, boating, or fishing license, may be revoked or prohibited.
Whatever the cause for your ex’s failure to pay child support, you have options. You owe it to both yourself and your child to take the necessary steps.
If you need help with a family law case, contact us. Our team can help you navigate difficult situations and work towards the most favorable outcome for your needs.