I filed for CS in May 2006. Since then, my son's father quit his job as soon as the papers were served and now claims he makes minimum wage. (mind you, he has a 2005 expedition, lives in a townhome, has cable, internet, car insurance, etc.) He claims he now makes $275 a week, which i KNOW is BS. The problem is that he is an independent contractor and that EVERYTHING is under his parents name. The house, the car, the insurance, the light bill, the water bill...EVERYTHING. When I contacted CSE they told me that nothing could be found under his SSN. I was blown away with this information BECAUSE I KNOW he makes more that min wage. He wouldnt be able to afford his new "business developments in nicaragua" He has been to the country twice since I filed for CS-where would he get the money from? He has never given me actual child support. He has bought my son diapers and baby food when he needs it and half of his pre school. My son has never slept over his father's house so he cant use the excuse that he is over there a lot. Yes, I know I waited 4 years too long (my son is 4) to file but i was getting sick of not getting anything. I hated having to wait a week or more if my son needed something. I told this to the social worker and he said to file for retroactive child support so i did and the NCP is freaking out.

-How can I LEGALLY prove that he has more money that he claims?
-What should I be prepared for at the mediation? (no i havent gotten a date yet)
-I really want to prove to the judge that he is lying! I am 100% sure. However I cannot bring his bank statements (legally) to prove this. What can I do? Any suggestions will help since I cannot afford an attorney

Q: How can I LEGALLY prove that he has more money that he claims?

A: Subpoena his income tax records.



Q: What should I be prepared for at the mediation? (no i havent gotten a date yet)

A: Be able to prove in writing what it costs for you to support the child.



Q: I really want to prove to the judge that he is lying! I am 100% sure. However I cannot bring his bank statements (legally) to prove this. What can I do?

A: Subpoena his bank statements.

how do i go about getting a subpoena for his statements and IRS tax returns?

he is EXTREMELY careful about his financials, especially now that I filed for CS. I mean, he got away with claiming he made 275 a week to CSE.

I filed for CS in May 2006. Since then, my son's father quit his job as soon as the papers were served and now claims he makes minimum wage. (mind you, he has a 2005 expedition, lives in a townhome, has cable, internet, car insurance, etc.) He claims he now makes $275 a week, which i KNOW is BS. The problem is that he is an independent contractor and that EVERYTHING is under his parents name. The house, the car, the insurance, the light bill, the water bill...EVERYTHING. When I contacted CSE they told me that nothing could be found under his SSN. I was blown away with this information BECAUSE I KNOW he makes more that min wage. He wouldnt be able to afford his new "business developments in nicaragua" He has been to the country twice since I filed for CS-where would he get the money from? He has never given me actual child support. He has bought my son diapers and baby food when he needs it and half of his pre school. My son has never slept over his father's house so he cant use the excuse that he is over there a lot. Yes, I know I waited 4 years too long (my son is 4) to file but i was getting sick of not getting anything. I hated having to wait a week or more if my son needed something. I told this to the social worker and he said to file for retroactive child support so i did and the NCP is freaking out.

-How can I LEGALLY prove that he has more money that he claims?
-What should I be prepared for at the mediation? (no i havent gotten a date yet)
-I really want to prove to the judge that he is lying! I am 100% sure. However I cannot bring his bank statements (legally) to prove this. What can I do? Any suggestions will help since I cannot afford an attorney

Go to http://phonl.com/fl_law/rules/famlawrules read rule 12.285 Mandatory disclosure. Both of you are required to produce the last 3 yrs tax returns, bank statements, etc etc. First, make sure that you have produced all required documents, then if he hasn't you should send him a notice requesting that he comply with mandatory disclosure. If he doesn't then you'd have to either file a motion to compel or serve him with a subpoena.

He isn't claiming actual minimum wage (which is $210 gross per week for 40 hrs), however, it does sound like he's probably earning more than he's claiming. If you can prove that he voluntarily quit his job you can ask the court to impute income to him. For that you'll need his last 3 yrs tax returns to average out what he is capable of earning.

Because you waited 4 yrs before filing it's doubtful that you'll get retro support, it will most likely only go back to the date that you filed. Florida is kinda funny about retro support, the law allows it under very strict circumstances.

When you go to mediation go prepared to ask for what you expect will be court ordered anyway. Do a CS guidelines worksheet to figure out what the CS should be, make sure to add in the correct portion of daycare costs and medical ins(if you carry ins already). You can find the worksheet at www.flcourts.org click on family law forms. You can find the CS guidelines at www.flsenate.gov/STATUTES in chapter 61. You can also request things like 1/2 of out of pocket medical.

I appreciate your suggestions so much!

but, how do i obtain a subpoena?

also, xena, what do you think i should do/say/bring when its time for the mediation?

thanks so much

I appreciate your suggestions so much!

but, how do i obtain a subpoena?

also, xena, what do you think i should do/say/bring when its time for the mediation?

thanks so much

You can get a subpoena at the court clerk's office.

Write out what you want the court to order and take it with you to mediation. Also take the CS guidelines worksheet, lists of incomes, etc. That way you can have facts with you when discussing the issues.

is the court clerk's office located at the child support office? or is this at any court clerk's office?

(im sorry but I dont know how to go about this and I want all the facts to come out before the mediation-whenever that is)

Also, can I go to his previous employer and ask them questions about his work til the time he quit? (i doubt it, but I dont want to delay this any longer, because I told the social worker where he previously worked and he didnt care and went ahead with what he wrote on the financial affidavit anyway)

is the court clerk's office located at the child support office? or is this at any court clerk's office?

(im sorry but I dont know how to go about this and I want all the facts to come out before the mediation-whenever that is)

Also, can I go to his previous employer and ask them questions about his work til the time he quit? (i doubt it, but I dont want to delay this any longer, because I told the social worker where he previously worked and he didnt care and went ahead with what he wrote on the financial affidavit anyway)

The court clerk's office should be located in the courthouse, usually the civil division. Some counties have a seperate "domestic" or "family" court clerk. Go to the court house and ask which office is the correct one.

No, you can't ask his former employer questions. You can serve the former employer with a subpoena for documents from non party. The forms for that are at www.flcourts.org click on family law forms. When a person fills out a financial affidavit they are supposed to give info that is current as of the date of the affidavit, so if he no longer worked for the employer he wouldn't have to list that income.