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My ex husband lost his job and now he is working with his family members

Joliet, IL |

he got fired from his job wants to modify for child support , he just started a job with his cousin and claiming he is making less than 50 percent of what he used to make .
I have a strong feeling that this is a scam but there's no way to prove that he is getting cash under the table .
they're both truck drivers , is there a way I could bring his cousin to court where he's obligated to open all his records ?

Attorney Answers 4

Posted

Finding cash income is difficult. You need the assistance of a good lawyer and you are lucky that there are many good ones near you. Yes, the cousin can be brought to court and your lawyer will know how to do this. Do not attempt this by yourself. Until your ex files a motion to modify child support, he is required to continue paying at the rate ordered. However, you should have a lawyer ready in case your ex figures this out.

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Posted

I agree with Judy's answer. There is hope that the motion to modify may be successfully defended and the court may be willing to keep support at its current level if the ex-husband is intentionally earning below his earning potential. This is called "imputing income", however, it is a somewhat technical aspect of child support disputes and you should look for a lawyer familiar with the concept. The court might also enter a "need based" support order--which is rarer but also may help keep support up to its current level.

Discuss these matters with a lawyer in your area experienced with child support matters.

The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.

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Posted

Yes, there is a way to bring in the cousin and peek into those records . . .but why focus on that? Why not focus on the firing and seek to preserve support where it is, right now?

First, shoot to preserve the existing support order.

Second, prove your husband's income -- it's not that hard to demonstrate cash income -- any experienced lawyer can usually do a pretty good job is they have the resources to work with.

Third, if you can't determine his income, because he hides it, that's fine -- leave the support order unaffected or seek to INCREASE support on a needs basis.

Follow the link, below, for a free consultation.

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Posted

Contract the Illinois human services, they handle child support for free.

I'm sure that is the best answer.

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