My husband he works As a su chef , and they paid him 800$ in check and half cash and now he is telling my friends that will never give me anything no alimony no child support because he will stay at home without job , I'm wondering if the judge he will let him pay support for us or no ? And if he start work just for cash how can I prove he has moeny ? And also I filed for divorce last year
In this instance he will Likely be required to pay support based on his total income, whether he works or not so long as the termination of his job is voluntary and there are other jobs available to him at that particular salary. You should contact an attorney to assist you in this matter.
This response does not create an attorney client relationship between the person asking the question and the respondent. You should contact an attorney regarding any specific questions you may have as each case is very fact specific, and this answer should not be relied upon as providing legal advice.
If your husband voluntarily decreases his income, the court base support on his ability to earn income. You should consult with a lawyer, many of whom offer free initial consultation. Best wishes.
Your ex will have to pay a minimum amount of child support regardless of his employment status. The judge can consider whether he is underemployed and if that is caused by him voluntarily. The court can impute income which would be the income he would make given his education, work history, skill set, etc.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
I agree with the attorneys who have previously answered this question. The judge will, at the very least, order a minimum amount of child support. You may have a claim that your ex is voluntarily reducing his income and not making to his full potential. You should hire an attorney to assist you.
This information does not constitute legal advice. Without more information this is merely an answer to a question. If you would like legal advice tailored to your specific questions you should contact and retain a lawyer.
Your Husband will be responsible to pay child support based on his income and your income. If your Husband chooses to stay home and not work, the Court will base his income on what he previously earned while employed. It is difficult to prove how much money someone earns in cash, however the Court can look at such things as the expenses he has and pays as well as the type of lifestyle he enjoys to determine what can be attributed to him for "cash" earnings. The Judges are also mandated reporters and would have to inform the Internal Revenue Service and Department of Revenue of your Husband's cash earnings. This might be incentive for him to tell you and the Court everything that her earns, cash or otherwise.
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