My soon to be ex husband works construction, his income is never the same and some cash. How is my child support figured? a yearly income? or a check by check basis? and what about when he has a cash job and income is not documented or taxed? How does that all come into play does anybody know?
2007-09-15 10:14:21 · 4 answers · asked by MOTHER OF 3 1 in Family & Relationships ➔ Marriage & Divorce
He will have to pay a set amount every month no matter what his income is.
2007-09-15 10:21:55 · answer #1 · answered by Sweet Suzy 777! 7 · 0⤊ 0⤋
My ex was to give me 25% of any money he earned after retirement He had to give me a copy of his income tax filings for each year that he had to give me support. That way I could make sure he was giving me the right amount.. But, if he worked under the table, then I would have no way of knowing and that's that.. Even the government wouldn't know. I hope you have an attorney, since you really need to have a settlement agreement drawn up that is entered into the judgement for divorce when that occurs. It spells out everything including child support, how much and how it is to be paid, weekly, or monthly. It really doesn't matter that he works in a job that fluctuates in income. Once the amount of child support is set, he has to pay it. If he should have any VALID change of circumstances, he could later motion the court to reduce the child support. But he will have a tough row to hoe. Unemployed, Under Employed are not good enough. The child support will be based on what he is truely able to afford, as no Judge would put anybody in the street if they are really poor. But once that amount is set and in the divorce decree, it would be up to him to prove he can't afford it any time after that. So, you can't keep tabs on under the table money, but you can have the money for child support taken right out of his pay and sent to the child support enforcement agency who will then mail it to you.. Garnishment.. That way, you don't have to deal with it coming late or not at all. It might be a good idea for you to also have it in the settlement agreement that by April 30th each year, he is to forward you a copy of his state and federal income tax filings. This way, at least you know what his yearly income was. I urge you to work all this out with an attorney to be entered in the judgement for divorce.. Then you won't have to be running to court for support down the road. How about alimony for you? Think about that also, as well as health ins. Life Ins. and the rest. Mine raked me over the coals and I had a lousy attorney.. That's why I'm in litagation against my ex today after being divorced since 2000. Good Luck.. Joanie :-)
2007-09-15 18:08:32 · answer #2 · answered by Joanie 5 · 0⤊ 0⤋
what they do is go by his w2's then they average out his monthly pay from that.. and come up with the c/s amount.. the cash under the table will be extremely hard to prove so more then likely u'll have a hard time being able to claim a right to that unless u can prove that he gets it on a regular bases ..
2007-09-17 00:49:26 · answer #3 · answered by brwneyedgrl 7 · 0⤊ 0⤋
They will go on his taxable income for the last 12 months..
2007-09-17 18:02:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋