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non-custodial parent doesn't wrk, he lives w/ fiance in FL - she makes a lot of money

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  • non-custodial parent doesn't wrk, he lives w/ fiance in FL - she makes a lot of money

    My son's father doesn't have his "own" income. He works with his fiance at her business. The mortgage is in her name, the vehicles are in her name and the bank accounts are all in her name. They are living a nice life with a $400,000+ house purchased this past year. He portrays himself to the court as someone who has no money and no vehicle and will soon be out on the street.

    Am I out of luck in getting a support modification becausey they are not married and everything is in her name?

  • #2
    even if they were married, you could not get her income. She could have to explain why he works for her and gets no pay, but you have to prove he does. Plus, they can impute an income for him. He can't just not work to get out of paying support. There is a minimum. normally they take min wage at 40hr/wk and input that if he has no prior employment history or degree or qualifications. Let's say he worked as a plumber 3 years ago and made 45k- he will be ordered to pay based on that unless he can prove why he can't work as that anymore.

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    • #3
      on such little info.

      Most requests for modification can only be done after so long a period of time. If you can prove that he is capable of earning more money than he is currently getting according to social security, you can have a modification based on his earning potential. If he has a degree or has earned more in the past or has special training, you simply get information from other men his age working in his field, willing to show their income to the court, to prove his potential income. You will need multiple examples.
      What is veiwed is not always what is seen and
      what is heard is not always what is spoken!
      ~M. Noitall~

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      • #4
        modification

        I'm thinking about a support modification because the initial child support order is from 1993. It's been quite a few years. Child Support started at $40/week and I've received two COLA's. So, it's up to $50/week.

        My son's father was working for a company, but then left to work with his fiance at her business. She admits that he works for her, but pays him under the table. She sends in his irregular support payments using her buisiness account. There's no automatic deduction from a paycheck.

        How would one prove how many hours he actually puts in at her business if he's in Florida and I'm in NY?

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        • #5
          you don't understand

          It is really not required for you to prove his income, only prove to the court that he is CAPABLE of earning more than he is.
          What is veiwed is not always what is seen and
          what is heard is not always what is spoken!
          ~M. Noitall~

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          • #6
            exactly

            As the previous poster said - you don't have to prove anything. File a petition. The Court will base the dad's payment on what they feel he is CAPABLE of earning. It's called imputed income. What is his trade? What did he do when he "worked for a Company"? If he's not ill or disabled, he can pay more than $50 week. Next topic, the girlfriend/new wife. Too many ex wives delude themselves with unfounded stories about how the Dad and new wife are living it up in the lap of luxury. Or how they are hiding assets, or the grand cars they drive. If they live in Florida and unless you have personally visited their home, and have viewed their bank accounts, you are spinning a baseless delusion. Please don't take what he tells the kids as gospel truth and run to the DA either. Most NC dads are living hand to mouth. If he's living in his girl friend's house it's probably because he either lost or can't afford a house, or his credit is shot and the bank won't give him a mortage. Most dads are very proud and don't want their Kids to be worried about them, so they will tell them that things are going well -- even exagerate.

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            • #7
              Update (8/26/07)

              Well, I took my son's father to court to have the support increased. He and his fiance provided (fake) documentation that she laid him off from her business in January. Even though he told the court in February that he was still working with her they were never called on the inaccuracy. He showed the court that he's receiving $75 a week in unemployment. Now he's asking to have the support lowered.

              I searched the web and found documentation of their (her) $460,000 house purchase. All the vehichles are in her name or the business' name. No longer any in his name. He closed all of his bank accounts and is using hers. His living like this so he doesn't have to take care of his reponsibility not because he's having a hard time in life right now. Quite frankly, he's got quite the life.

              He never paid for day care or helped with medical or dental expeneses and now he doesn't want to help with his son's college expenses either.

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