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Can I sue an employer for paying my ex-husband under the table for several years to avoid paying child support and taxes?

Fort Lauderdale, FL |

My ex-husband is over 24k in arrears, and not only hasn't been filing and paying taxes, but also owes IRS going back to atleast 6 years ago. He has been working for a privately owned restaurant for several years...atleast 5. I have reported to Child Support Enforcement in the past that he works there but when they mailed paperwork to his employer they denied him working there. However, I just had my son call the restaurant and he is still there! Because he recently remarried, in his last Child Support hearing I guess he used it to his advantage and cried "jobless with a wife" because they reduced his payments from $361. (which is ridiculous as it is for 2 kids) to $39. a month!!! Any advice on what I should do next, and who I should report this to is great appreciated!

Attorney Answers 2


You need to put this in writing to DOR/CSE. I have personally filed a Motion for Contempt against an employer who refused to comply with an IWO, or Income Withholding Order, which the statute allows.

Talk to DOR and the attorney assigned to you case and if you hit a dead end, consider hiring a private attorney.

Good luck to you!

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272

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Thank you! Is there a difference between DOR and CSE? I contacted CSE and unfortunately they said unless I have proof such as pictures there's not much I can do. I even spoke to a supervisor. But like I said, it's not just me he's behind with it's IRS too but I'm reluctant to contact them because they might tell me the same thing. If I do get a lawyer is this something that I will be responsible for paying for or is there a way he (or his employer) can be obligated to pay that as well?

Carin Manders Constantine

Carin Manders Constantine


You will have to pay your own attorney and you may or may not be reimbursed. Hard to say. Technically, DOR/CSE are the same in FLORIDA, but legally they are two separate "agencies" in Federal law. For you, however, just consider them the same.


You can also try reporting it to the IRS. They might go after both the employer and the employee. If the IRS goes after your ex, you can try again with Child Support Enforcement because the IRS would have done their work for them.

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