My wife's ex husband only has to pay $82 dollars a month in child support because his soon to be father-in-law ( who is an accountant) is claiming that he (the ex) is working for him for $5.50 an hour and part time at a motel that he owns but the thing is that he's not even working there but his father-in law told the friend of the dourt that he is and even they know that he's not working there. I know it's wrong but is it illegal for them to do that.
Any help would be greatly appreciated.
2006-08-15 09:46:51 · 13 answers · asked by P K 3 in Politics & Government ➔ Law & Ethics
It sounds like misrepresentation and/or fraud. Question is, can you prove that the ex-h is not working? It's tough to prove a negative.
You need to make the ex to show proof of working (the ex's father will gladly produce time cards and pay stubs at whatever amount he wants to) -- so, you may need to hire a private investigator to follow the ex around to see what he does with his time.
You also might request the court that the ex produce a tax return & W-2's showing all income for 2005. And have the ex prove why he is incapable of working 40 hrs / week at a higher wage rate.
What did he earn when he was married to your wife? Use that as a basis. Unless the ex has certifiable medical disabilities that would limit his ability to work, he should be pressured to get a full-time job to maximize his wages, and ultimately, a higher amount of child support.
Good luck.
2006-08-15 10:02:29 · answer #1 · answered by Tom-SJ 6 · 1⤊ 0⤋
C'mon contest that! Of course it is illegal. It's illegal to say you work for a company if you really don't. They can and will sue you.
The ex is falsifying the evidence to deliberately lower his child support. What a scumbag! Even if the court knows that this is a scam, you have to take action. I would also try to limit the ex's contact with the child to about five minutes on a full moon in a leap year on a month ending in l. But that's me.
2006-08-15 09:57:30 · answer #2 · answered by r 3 · 1⤊ 0⤋
yes, he is intentionally defrauding the court. You need to seek proof otherwise. If you have an attorney working for your wife, get their opinion about how to go about doing this. Depending on what state you are in, you may need to file a Motion to Modify child support, then ride the employers for records, even sending subpoenas. I'd do some under-cover spying on the cheater to discover his "real" employer, before you have him served with any papers. It may cost you some attorney's fees etc, but it will be worth it.
2006-08-15 09:55:07 · answer #3 · answered by sexymommyof3 2 · 1⤊ 0⤋
It's illegal if he has applied for a loan, credit card or has filled out any state or federal forms. If you can find any of those both the ex & the father-in-law can go to jail.
2006-08-15 09:54:30 · answer #4 · answered by captianpr 4 · 0⤊ 0⤋
Turn him into the IRS,yes it is illegal it never ceases to amaze me the lengths that men will go to get out of supporting their children.Do not stop reporting him try try and try til some one checks into it.
2006-08-15 09:53:52 · answer #5 · answered by pycosal 5 · 0⤊ 0⤋
Yes it is illegal and I would make sure that she has an attorney that will fight for all her children deserve.
2006-08-15 09:52:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's what we call tax fraud, and the IRS just LOVES to hear about it:
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html
Have fun!
2006-08-15 09:51:11 · answer #7 · answered by CrispyEd 3 · 0⤊ 0⤋
Try to get some legal advice....It sounds fishy and a fraud to me....Good luck!
2006-08-15 09:55:01 · answer #8 · answered by Donna 3 · 0⤊ 0⤋
i would assume it is illegal. could easily be considered fraud
2006-08-15 09:51:52 · answer #9 · answered by Danchondo 2 · 0⤊ 1⤋
Of course it isn't legal.
2006-08-15 09:55:30 · answer #10 · answered by Phil and Sue O 2 · 0⤊ 1⤋