Is it difficult to request child support from and ex who is working under the table?
4 years later, I am at a different job making 25k less than I was at the time of divorce and having some difficulties with finances, while the ex is in a different line of work- I am hearing he is partnered with a marijuana dispensary and making a lot of profit but it is cash only. He claims he is only working as a mechanic for his friend who pays him under the table.
In the meantime, he keeps adding off-road vehicles worth thousands to his growing collection, goes on trips, and just placed an order for a new $80k truck. Meanwhile, he is still living in his 1 bedroom apartment he moved into when we divorced- and I was the one who paid him out, certainly more than enough for him to have bought a new home so our kids can have personal space. When our elementary aged children (boy and girl), are with him, they all sleep in the same room, switching off sleeping all in the bed together or one child will sleep on a mattress on the floor.
Can I request support and/or modification?
2 attorney answers
I think it would be worth making an RFO for support. You may not be able to directly prove his income but you may be able to get enough evidence of his spending to prove it indirectly. For example, you can make a document demand for a credit report and trace back to lenders and get copies of applications and financial statements that has submitted. If you have 50-50 visitation and you think he is making more than you, you are entitled to support. The custody issue is more problematic- probably no change in circumstances.
It's not difficult to request ... but it's difficult to prove ability to pay. I don't see a change of circumstance to support a change of custody.