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

Asked about 1 year ago - 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)

  1. Carin Manders Constantine

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.... more
  2. Radha Rothrock

    Contributor Level 11

    Answered . 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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