Child support stipulation question. I have to go to court.?

Question

My sons father is in arrears of over $34,000.00. He got out of prison 6 mos. ago and still has not found a job yet. He is living in a drug rehab atm. He got thrown in prison for beating up his father. He lived with his parents who own an equestrian center. They pay him under the table and now since he is in rehab he also recieves welfare. Life is good for him right now, double tax free income.

Now he is trying to stipulate the court order to lower his payments now that he has to find a job like the rest of us.

What can I do to see that this does not happen ? I have to bring in my last two recent paycheck stubs and my last two tax returns. I also, a few years ago, found and copied a website of his stating he is a horse trainer and riding instructor on his fathers website. That specific site of his is no longer a link on his dads website. Could this help? I'm really upset that he would do this as my son and I am living in a 1 bedroom apt.

Can this work out for him?

I have not recieved a pmt for 4 years and that was $60. He has always worked for his dad under the table. In the beginning he gave me support while working for dad under the table. I suppose I could show the court this and they could consider he has been getting paid somehow. I guess he meant it when he said, " You won't get one shiney nickel from me"

Oh and he somehow bought back his drivers license and bought a car just a few days after getting his license. The grandparents would only give my son attention if he was a horse, they truly suck.
His court order is 370 a month most men would kill for such a low order. This order is 8 years old and I have not modified it once.

It seems drug addicted rehab people have more rights than non drug user hard working people. I would guess that his parole officer is helping him with this.

Answer 1

"Child support stipulation question. I have to go to court.?"

The quick answer to your question is "No: You can seek help in collecting child support without hiring an attorney and without going to court-- especially in your case."

[FYI: "Stipulation" is where a party admits to some certain factual issue that has been raised by the other side without having the court hear evidence on it.]

It sounds like you have a perfect case to bring to your state's child support enforcement program. Contact your state's department of human and family services and ask for the child support enforcement division. They will have you fill out an application and then they will pursue the recovery of child support for you-- including getting a new child support amount that pays both on the father's current obligation and his arrearage.

Provide them with as much information as you can-- including the current location of the father, a printout of the web-page showing that the father was a horse trainer, and any other information that can help them determine that he's an able-bodied man who can work and pay child support.

Make sure you show up at court if you've received papers to appear-- even if you don't have a lawyer. Tell the judge that you need time to find a lawyer or follow the advice of the state's department of human and family services if you've been in contact with them. Whatever you do, don't miss court. And don't go into court without at least some evidence that shows the father is employed and avoiding his child support obligation-- just in case the judge wants to hear how the child is being supported while you're looking for an attorney (or waiting on the state to seek child support for you).

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice and representation before making decisions that may affect your legal rights.]

Answer 2

So he beat up his Dad and is now working under the table for him? Any chance you could have the Dad subpoenaed to provide records of the payments he is making? You would think that he would be reluctant to cover for the son who just got out of prison for beating him up ... especially since this is hurting his grandson (your son). If you were to get an attorney (or the local child support services who are probably available) they might be able to help you get proof that he is working that way. And that's great that you printed off that web site.

Another argument you have is that the guy has the ability to earn what he was making before. He might argue that he has had trouble finding employment that pays as much as he was making before he got locked up. To which you respond that your son should not have to take a hit because his Dad did something wrong that resulted in a decrease in income.

Any witnesses you can think of that you could bring in to testify that they have seen him working at his Dad's?

By the way, your income should not be a factor. His obligation is supposed to be based on his income - or his ability to earn if he is underemployed or unemployed.

Good luck. It is hard to know what the courts will decide, especially since the under-the-table aspect confuses things.

Answer 3

Depending on what state you are in, I had the similar thing happen to me. I brought the courts all of the dirty laundry, and told them he was working under the table. They had a hearing in which, I as well had to bring paystubs and tax returns. He showed up with nothing and said" I forgot them". The magistrate that handled this case ask him some questions, and determined a child support dollar ammount that he was to pay, based on the guidelines of the state minimum wage for the job he does. Then after I won that, he still has not paid, and I brought him up on a show cause hearing set for this week, due to the fact he has not paid what the judge ordered him to pay...it is down to pay or 90 days in jail...and if he bonds out, I get the money for child support. It is win - win. Don't stop fighting for the little ones, they deserve it, as well as you.

Answer 4

It's very unlikely. I have found in my experience as a child that had a dead beat dad, that judges HATE deadbeat dads and they hate people with prison records even more. If you have any proof that he has an outside job, show it in court, and I would also report it to the IRS if I were you, they would audit him, and that would really smack his gums...lol. The fact is that unless you are making a lot of money, they are not going to give him any slack, especially since he is in arrears. They may even raise it to make of for past payments, that is what they did to my dad. So I would not worry too much. If you need any additional advice, feel free to email me. I have had some law classes and I helped my mom through this with my dad, so I can answer a lot of questions if you need it. Good luck. I hate men who act like this. It's despicable.

Answer 5

I'd think once he got a job, it would be seen that he could make a higher payment.

Push to get your money. We're talking about the future of your child. Have a good run down of your expenses and how you could not live without what he is currently paying. Figure out what your disposable income would be compared to his. Surely he doesn't need more extra income than you and your child do. Get all the info on the laws you can. Being prepared will be the best thing you can do. Have all the info you possibly can.

Answer 6

You can't hold her to it. Unless a judge signed the order, you are out of luck. No judge is going to sign such an order unless the wife is fairly wealthy because the support is the right of the KIDS, not your ex. However, your agreement does mean that she won't get child support retroactively. In other words, you won't start out in arrears back to 2004. It will start with your court date. You can also seek joint custody as well.

Answer 7

Chances are they may lower his support obligation if he is qualifying for welfare, if you feel there is fraud going on there, you could always report it to the fraud unit in the welfare dept.

But since his arrears are so high, they should order him to pay on those as well so you may end up getting the same amount anyways.

Things are never fair in child support, someone always feels ripped off.

Good luck!

Answer 8

Argue that he is gainfully underemployed.