CHILD SUPPORT - My ex lied about his job and income ...?

Question

When I got divorced my ex-husband had a specific job and income, which I was aware of. Since that time (nearly 15 years ago) he has relocated, gotten a much, much better job with a huge pay increase, and has never told us. He went out of his way to even mail the support checks from a different city so we would not find out. He did not see our child for nearly 10 years and then only met us somewhere, did not allow him to his new home as he knew we would find out that he was making a lot more money and he did not want to pay more child support. My son just turned 18 this year and the day after he graduated high school I found out all of this stuff. Does anyone know if this would be grounds to go back and get back child support even if he did pay a small amount every month? I think this is very deceitful and he got away with it - or did he? Any advice would be greatly appreciated! Oh, this was in California.

The reason I had never asked the courts to increase the amount (though we really needed it) was because he "tricked" us into thinking he still lived as he did when we were married. And just to make it clear, he paid about 1/20th of what he would have paid had I known the truth.

Answer 1

Does your child support order provide support if your son is in school/college? If it does, then request a child support modification through the court. You both will be required to submit payslips and/or income tax returns documenting your current pay. If his income has significantly increased, you can get more child support. Unfortunately there is nothing you can do about the past years. If the judge rules then you can get back support from the time you request a modification.

You do have a right to request a review of the child support every couple of years or if a significant change has happened in your/his circumstances/income, but your ex has no legal obligation to tell you when he has a pay increase.

Answer 2

Basically you are out of luck.
He paid what he was required to, but there is no requirement that he has to let the courts know that he found a better paying job. Now, if you had found out, then you would have to bring it to the court's attention. If he has to pay until 21, then you could get the current payments updated, but payments for the past cannot be changed, because he met his obligation.

Now, if you can PROVE that he tricked you into thinking that he was still at about the same wage level, then you could go back and collect. But, you have to be able to prove it.

Answer 3

Hopefully your divorce decree says til your son turns19 or is past his first full year of college as this would make all this easier. Petition the courts for a remodification to child support hearing and present all evidence you have o his income and when it started. The Judge would then increase his amout being paid and it would be made retroactive to when you can prove it which would then put his support into arrearages and hes going to have to start real quick making payment arrangements with the Judge to stay out of jail, but youre going to have a huge amount of money owed you for past child support. This happenseveryday across this country and the fathers are sure surprised when the Judge informs them of back support owed. Collecting it may be another problem but at least youre started. Good luck and Happy Holidays

Answer 4

Why do you want that extra money? Your son is grown, 18 yrs old, time to care for himself now. I mean, I do understand you're pissed because he lied to you, but are you more upset that he got away with it? Because if anyone wants to move foward with this, it should be your son and his decision only.

If child support didn't pick up on it and you guys didn't either, is it worth spending money in court to try and get money back? I don't know, it seems like a big headache to me. Your son is 18, child support is done with, and you guys can move on and not even contact your ex ever again if you so choose. I know it would piss me off, but I'd have to ask myself if this was about the ex or if this was about what's best for my 18 yr old pretty much adult?

Just what I would do personally, not saying you're wrong. Just make sure your intentions are correct....

Answer 5

It would depend on how much difference there is between your total from the pay stubs and what he declared. If it is less than $5,000/year, I doubt it will make much difference. You would need an attorney, and it would cost you up front. The judge is not going to say too much unless it is $5,000 or more, because the monthly difference is negligible. Good luck to you. Sometimes jobs work out instead of ending. Did he get a large raise? That may be a deal, but again, you are not going to be getting much more if the difference is less than $10,000/year/ Do the math yourself and see the difference that would be available. At least you are getting something.

Answer 6

get a lawyer. its not considered back child support as he did pay child support. he has a right to move on with his life w/o telling you. I don't know what your legal recourse are as he did pay the child support payment to you every month and you never asked the courts to increase it. in logic it would seem as you would have none. but this is the Court system.

Answer 7

I think you're hosed. He paid the court ordered amount. Had you found out sooner you could have gone back to court. I think it's a mute point now. I would contact a lawyer if I were you, but I think you're screwed.

Answer 8

Get a lawyer

Answer 9

If I am not mistaken, your son has every right to sue his father for the back child support. Not you, since he is 18 now.

Answer 10

there are a lot of lawyers that do have investigators that can get the truth on this person and then it's up to your kids if they are of age to make him pay any more..