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My ex is not legal in US, claims no tips at work, and support services calculated guideline support for our child too low. Help!

Rodeo, CA |

My ex is not documented in U.S. He's been with 1 company for 8+ yrs. This employer never required him to report tips. This job pays $9 hr. X 35 hrs./week. Unreported tips are $600/week. He uses a fake SS# at this job.
There is a 2nd job, making $8 hr. and unknown amt. of tips at 4 days/week. There is a DIFFERENT SS# used at this job, also fake.I assume he must report tips at this job.
There is a bank acct. that he somehow opened some years ago. I only know the name of the bank, and have no other info. i.e. acct. #, or SS# connected to the acct., etc. I have seen statements in the past showing $4,000 mo. in deposits.
Child support recently became involved due to my public assistance. He showed them the 35 hr. X $9 hr. stub and only this. Support too low @ $160 mo. How can I expose

How should I proceed? I have told case worker about 2nd job, and we are awaiting verification, but the $2400 mo. unreported tips? How can I expose this? The bank acct. would show more income than earnings claimed, but how can I get proof of this bank acct. with no SS# available? Do I report to IRS the 8 yrs. of unreported tip income? Seems like it would take years to get to the truth this way. In the meantime, our child is getting a bum deal. He is giving his own child the shaft, due to his own greed. Are there any court forms I can file in family court? Case worker says he will allow me to file, as I need their permission because of public assistance benefits. What forms would I file? Contra Costa County court system. Thank You for any help.

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Attorney answers 2

Best Answer

It seems like you have Child Support Services involved in your case, I suggest that you work with them by giving any and all information you have on your ex's income. You should also consider consulting with an attorney to discuss what options you have to obtain information from your ex directly via legal discovery.

Practically speaking, as already mentioned in another answer, it will be very difficult for you to prove your ex's income if he's receiving cash or using false SSN's and even more difficult to collect the support. Hang in there, be patient, and do your best to work with Child Support Services in getting the support you are entitled to.



I have since been told by DCSS that they are only allowed to go by tax records & paystubs. I can prove tip income through subpoena of credit card transaction records.



In filing FL-360, will I have enough time to request discovery via SUB-010? If not, do I ask for continuance based upon time limitations due to discovery request?


You need to provide all the information you have too DCSS. Without concrete evidence however, it will be difficult for them to assess him at the higher income level. best of luck to you.

The Law Offices of Durham and Ng represent clients in family law matters throughout the state of California and offers free consultations. However, the above answer is NOT LEGAL ADVICE and DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP. The facts of each individuals case are unique and no legal advice can be offered without a thorough review of your specific facts and court filings.

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