How can I get more child support when he is working a 2nd job and getting paid "under the table"?

Question

My sister recently got her divorce final in Sept 06 and her ex pays her $160 per week for her 2 girls ages 3 an 6. The percentage taken out of his check is the lowest percentage allowed by law, he had a really good lawyer. He makes about $14 per hour, plus overtime every other week. She makes $11 per hour and sometimes does not get 40 hours. She was getting help with child care from the state, but they have taken it away saying that she makes too much $. Now, she will be paying $200 YES $200 per week for daycare (the 6 year old goes there from 2-6 after school) plus rent, utilities, food etc. The ex works another job, but he lied at court and said he only had the 1 job. He is just getting paid cash for his work and there is no way of proving it. What do you think she should do? How can we prove he is working? We live in Georgia by the way.

Thank you very much!

Answer 1

I don't even get money from my ex. I just let it be. He is gone out of our lives, because the courts issued a restraining order against him. He is violent. I survive on my own.
I put my son in daycare/preschool. I applied for Child Care Subsidy. See if she can apply for child care subsidy. http://www.div.dhr.state.ga.us/dfcs_caps/ Check out that site, it is in Georgia.It helps families with low income bracket. Report the companies to the lawyer if she has one, or apply for Legal Aid.
Me personally I would just drop the whole thing, and tell her to strive on her own.
If he is going to be like that, then it's not worth going after, my ex and I went through court for 6 months and more than half the time my ex didn't show up, didn't do the paperwork for child support..so I said, 'Fu*k it, I don't need his BS'. Does he even want to see his children? Have your sister stay somewhere for a while, maybe with you or something, and just have her pay rent with bills and food included, until she can get back up on her feet and find work, move out, and be independent.
Remember not all single dads are deadbeat, some actually take on full custody of their children. They are often less recognized for that. I commend them.

Answer 2

If they're paying him under the table, there's not so much you can do other than report the company.

Also, I realize that being a single mother with children is financially difficult, I am single mother myself. I don't get ANY child support - never have - he's gone, like outta there, doesn't want to be found. And know what? I have managed to pay my bills: rent, utilities, car note, day care, clothing/shoes, Christmas, you name it - I have done it on my own WITHOUT government assistance or going into horrible debt. I've done it on my own for 11 years this February.

Know what that's called? MAKING IT HAPPEN. HARD WORK. There have been times when I actually had to go get a second job myself - thank GOD for family who would watch my child so that I could do this to make sure Santa came to visit, etc.

I'm not whining. I am proud of my ability to not only survive, but thrive without seeing how much money I can gouge out of the system or how much I can force an unwilling man to do right by his child.

Your sister needs to buck up and do what it takes to get done what needs to be done. She is already getting child support. If her job isn't providing her with 40 hours of work each week, she needs to find one that does, or consider a second part time job to supplement her income. There is no amount of money that will ease her burdens the way a sense of Self-Reliance will. It's not always easy, but it is completely possible, and SO worth it.

Good Luck to her.

Answer 3

In California, the ex spouse is required to pay half of any daycare costs incurred. I would look into that. Also, if he's working a second job, then you can hire someone or maybe a friend to take pictures or video it everyday. But be sure things are date stamped. It's better to have someone other than yourself do this. One, you have a witness and two the court isn't saying your stalking him or being spiteful. It's amazing the things courts will come up with. Get the name of the person he is working for. I doubt this person will want to be drug into this. He also can't lie to the court and he can have tax consequences as well as legal for paying cash under the table. Also, I would take him back to court to try and get his child support raised up. Every time he goes to court, it costs him money too and his time. If you possibly can, hire a lawyer, it's worth it in the end. I'd ask around to find out who the very best is. In the town where I live, there are two lawyers that people run to when they are getting divorced. Both are VERY good. I had one of them myself and it made a world of difference. Best Wishes to you.

Answer 4

I think she needs to ask her caseworker to make him pay at least 50% of the daycare. Plus she should look for something less expensive if possible (that is a lot of money). Personally, I dont see what problem she has supporting her kids if he is paying that much (that is a lot, I wouldnt say that is a low percentage it is more than someone in Michigan would pay at $14 an hour). But she can ask for him to split the daycare on top of that. If she is not working 40 hours why is her day care so much? Maybe she needs to find another job herself.

As for the second job, leave the poor guy alone. If he needs to work a second job to make ends meet that is his business.

Answer 5

He's already paying 30% of his income before taxes (although at that income level, he probably pays almost no taxes), and she's seeking more? Wow. Yet another reason not to get divorced. I'm sorry for your sister, but it's hard to prove something without proof. How does she know for sure that he has another job? If you believe a company is giving money under the table, submit an inquirery to the BBB.

Answer 6

this is unfortunate. i had an ex who was being paid under the table and there was just NO way to prove it. i never got a dime in child support (never once!) and my kids are now 15 and 17 (i left when they were 1 and 3 because he was an abusive alcholic). i worked my *** off, put myself through school and made it and took care of my responsibilities. if your sister spends too much time trying to fight her ex she will lose productive time taking care of herself and her kids. time she can invest to improve! deadbeat parents will stay deadbeat parents. you cant change them. put them in jail and youve accomplished nothing, make them pay and they might for a while then they will find another loop hole to get out of it. my advice to your sister is to put the engery she is WASTING on deadbeat into herself and her kids.

Answer 7

She already gets $640 a month from him... how much does she think it takes to raise two girls? They should both be contributing equally... so that is $1280 a month for food, clothes, daycare, health care, and toys. The ex is not responsible for paying for her rent, car, car insurance, her health care, her food, her clothes, etc. It isn't his fault she doens't have a better job (is she looking for a new one?). Perhaps she should look for a less expensive sitting option, a high schooler or family member or neighbor perhaps? Rather than focusing on how she can screw him, she should be focusing on how she can actually better her life and self.

Answer 8

If he's getting paid cash, there's nothing you can do to prove how much he's making at his job. However, she could take him back to court and try to get the percentage raised from his 1st job.

Answer 9

You would actually have to show proof that he is working the 2nd job. Take pic's, get documentation, and get the name of the job, address, phone number and take it to the courts and tell them that you have proof of the ex other job.

Answer 10

it depends regardless of whether he's getting paid cash or not, if he's working for a company they should have a record on him. because he should be getting taxes taken out.