child support/ hiding income/ 3part question?

Question

I have 3 kids with my ex.
He is a deadbeat, and has never paid a penny in support.
Our oldest is disabled and I have struggled considerably.
He works off the books, and has no qualms letting people know this, as he goes to the store across the street with his boss every morning for coffee, lottery tix, and cigarettes.
Can I get a support order if he is working off the books?

Can I somehow hold his employer, ( another scumbag) somehow responsible for support?
And is having employees off the books illegal?

I have a support order that is old, and when the lowlife said he was " unemployed", the judge ordered $10 a month, which I have also never recieved.
I live in NY state.

I have physical custody, per request to the court.
The father has never owned a car, had his own apt., bank account,...nothing.
The courts wouldnt give him custody of a rat.
He has substance abuse issues.

My son has awesome insurance through my partners company, and is also in a day treatment facility at the cost of the school district I am in.
There are still co-pays, deductibles, travel expenses, etc.
I do recieve ssd for him, but it is not a large amount, as our income is not low.

Answer 1

The FIRST thing you need to do is file a Motion to Modify the current order. Your attorney (that's a hint) will most likely subpoena his boss's financial records and do an asset search.

In cases like this, I know it's not something you WANT to hear but it is better for you to accept state aid for your son's care. There are two reasons: 1. for your son's health, and; 2. because then the state will go after him because by receiving state aid that makes him responsible to the state to pay back the monies.

Answer 2

I would defiantly file again with the court system. I know it may be expensive right now to afford but well worth it. You can hire a private detective to get proof that he is working each day under the table and then show this in the courts. The employer will defiantly be held responsible for back taxes for employing him under the table. You can also file with the Federal Government that he has not paid any child support and they will report his tax return to your court and give you any return he may be getting.

To start you need to file with the court system. They will help you our greatly. It is one thing to be unemployed for a short amount of time but they are not stupid and know that he must be getting money from somewhere. You could even go the the Department of Family Services. They will give you a check each month to help you out and then they will legally go after him for the money DFS gives you.

Good luck! I am sorry you have to go through this. What a jerk. He is not hurting you he is hurting his kids.

Would any of these people he has bragged about to not paying child support and making money off the books testify against him or write a letter you can take to the courts?

Answer 3

How old is old? Federal law says that States have to do a modification order every 3 to 4 years.
You have the right to force a modification hearing.
This is done by going to your child support agency, and IN WRITING ask for a modification for child support hearing.

The employer is not guilty of anything UNTIL they receive a withholding order.

The disabled child should be able to get social security.
Check this out.

Only through extenuating circumstance will a court go past/under the guidelines set for support.

If you can show pictures of your ex working, and spending money ( In public places you do not need permission to video or take pictures ) this will help convince the courts to assist you.

Good luck.

Answer 4

I don't know what the law is like in your state.

Here in PA, a mandatory review takes place every 2 years, and if an order is posted against a father, it doesn't matter if he works or not, he better come up with the money.

In PA, an employer is required to make payments to the state instead of giving it to the employee.

On the books or off, it doesn't matter. Find a lawyer in child services or whatever you have in NY and get them to enforce the order.

Good luck.

Answer 5

How did you get custody of the 3 kids if i may ask?

Answer 6

You can report him to the IRS, I am sure they would love to know that he isn't paying and taxes however is gainfully employed. It may not get your money, however it will certainly teach him a lesson in accountability.

Answer 7

First this is not right for your children in ohio you can go after the employer