We have divorce like 2 years and he always pays 160 and court order is 600
Employment / Labor Attorney
I've shared your question with the family law forum, where your question may be seen by more attorneys who practice in this area of the law.
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My first recommendation is to speak with a local attorney to discuss the details of your situation privately and to obtain appropriate advice. If you cannot do that for some reason, and if your ex is in arrears (which is sound like he is), you can seek garnishment from his paycheck by contacting your local family court and seeking assistance for child support collection. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
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Divorce / Separation Lawyer
Without retaining an expert to testify about the cash tips somebody working in your former husband's line of employment would make, you are going to have to show discrepancies between tax returns, bank statements, paystubs, and expenses. By lining up the different income levels shown by each - your husband will lose his credibiilty and you will be bolster your arguments.
Divorce / Separation Lawyer
You would have to prove his income based upon other evidence.
A review of his financial records could help a great deal . Does he deposit cash? Pay his bills with money orders? Spend more than he makes?
Under reporting income is a common problem. A forensic accountant would help but that is expensive. There may be enough in his financial records to prove his income. I suggest consulting with a family law attorney to get more specific information for your state
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You have an order for $600 per month. That means the court has already determined he has the ability to pay that. You file a contempt action and it is his burden to show that he doesn't have the ability to pay. You subpoena his employment records and, unless his employer is assisting him with committing tax fraud, you should get the answer you need. Your case isn't big enough nor do I believe the facts merit an expert witness and you likely cannot afford one.
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I assume that you live in California and the divorce is in California. That creates a difficult situation in terms of evidence. California subpoena power does not run to Nevada without significant motions and applications to the court. Likewise, you have to have jurisdiction over witnesses to subpoena them.
Your situation is like so many others. You have to ask yourself whether or not you will be putting good money to go after bad. In other words, if you were to hire a private investigator, hire an attorney, or do significant discovery, would it lead to a result that justifies the outlay of cash to attempt to prove his income.
It is unlikely that one of the ways you can approach his income is to show what his expenses are. If he has more expenses than he claims on his income, and no corresponding debt on credit cards or loans, one might say that he earns what he spends. This is an approach that may get you sympathy, but may not be sufficient proof to show his income.
You have not stated whether the support is spousal or child. If it is child support, you can go to the local Department of Child Support Services and have them enforce your California order for free. They have many remedies that private attorneys do not. You could do a wage assignment on his paycheck. I believe that all states have to honor a wage assignment from another state. Those are some suggestions. I would urge you to consult with an attorney, at least on a consultation basis, to see if he/she could give you other suggestions when he/she understands the facts better.
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