How can I prove my exhusband is working under the table to avoid CS & how can I raise the payment to at least guideline?

Asked over 1 year ago - Fresno, CA

This is actually a 2 part question.. My Ex husband has not been able to hold a job in 4 yrs... We have twins he does not know, and has no custody rights, only supervised visits not to exceed 3 hrs a week. Last time we were in court he CLAIMED he was in public assistance & the judge took that claim at face value. So now he is ordered to pay $124.00 p/m that he doesn't pay... He is an engineer, at one point he did get a job and my support was to be $2700.00 p/m the "suddenly" once the garnishment notice was sent to his employer, he was "laid off." I have an ongoing case with DCSS but nothing seems to be happening. I would like to establish a new cs order for guideline support. I know he won't pay it, but he will still owe it. How hard would this be to do?

Attorney answers (2)

  1. Michael John Harrington

    Contributor Level 17


    Lawyers agree


    Answered . Make a case to impute income based on ability to earn and job skills.

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to... more
  2. James Louis Miller


    Contributor Level 16

    Answered . Contact an attorney in your area. Many, such as myself, offer free consultations. You can file for modification and then use the discovery process to obtain tax returns. You can also ask the Judge to impute what he is capable of earning. Many times parties try to use the excuse that they do not have a job. Often times the courts will look at what the parent does for a living and then award support based on the amount they could be making.

    There are several things that can be done. Contact an attorney.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more

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