Spouse LYING to Court

[EverHopeful]

am female, my husband works construction & on the day that he filed his response to my dissolution petition he conspired with his boss to let him work under the table to allow him to file for UNEMPLOYMENT & TO GAIN SPOUSAL SUPPORT FROM ME! The next day he told me he will be working under the table for his boss and getting unemployment.
He FAILED to serve me with his OSC where he requested this spousal support, we were both pro per at this time, the Judge GRANTED HIM SPOUSAL SUPPORT more than 1/2 my take home pay, I pay his MEDICAL, LIFE & A COMMUNITY 401K loan. I did not KNOW he had violated my due process, I did not KNOW I could OBJECT. I did however tell the judge what he told me, that he is working under the table, she said I need Evidence!

Judge referred me to free legal facilitator at the court who had me file an OSC to modify the spousal support ORDER - I then got an attorney that I pay Good money for, apparently my attorney did NOT even Bother to look up the case law his attorney used to combat my claim of violation of my due process, My attorney did not even have an argument - I LOST & he is STILL LYING & working under the table, getting unemployment & MY INCOME garnished from my check. I told my attorney to get a Subpeona for his & his boss' checking accounts, the records from bank were due on 4/1/09 & today they claim to be expeiditing them, still do not have them.
I do not have money to feed, cloth & house our children and he has 9 thousand dollars in his account & is NOT paying any of the debt.
HOW IS THIS JUSTICE?
Do not know what to do & my attorney is doing NOTHING my case is Stalled, I do not know what to do or where to turn.

 

[Just Blue]

U.S. Law only.

 

[EverHopeful]

I forgot to mention I am in California -

NO ONE TOLD ME LIFE IS FAIR. And I am the one who picked this piece of Garbage in the 1st place & I am the one who is following the rules. So kicking him in the shins is NOT an option, it is illegal. But thank you for Your Concern

 

[>Charlotte<]

That's Blue's sig. It's in all of her posts. All she said to you was "US Law".

 

[Just Blue]

I forgot to mention I am in California -

NO ONE TOLD ME LIFE IS FAIR. And I am the one who picked this piece of Garbage in the 1st place & I am the one who is following the rules. So kicking him in the shins is NOT an option, it is illegal. But thank you for Your Concern

Ahhh...Yeah!

Perhaps you should be posting to Dr.Plil.com

 

[Proserpina]

Um...I'll put on a nice pot of tea for us all, shall I?

 

[Ohiogal]

So the company he is working for is paying him twice? Through unemployment and then under the table???? I highly doubt in these times that any company will do that.

 

[sunlover721]

Under the table income

I know of companies who do this. If they can get away with paying less, they feel they've won. (So, okay, I'll pay you under the table, but $15 instead of $20 per hour.)

Also, they pay into the unemployment fund in the state, but it's the government that actually pays the unemployment to the laid off workers. While it is true that an employer's unemployment taxation rate will go up when someone files for unemployment, they might still come out financially ahead- if they don't get caught perpetrating fraud.

I am certainly not an attorney, but I imagine you could "prove" that he is still working by getting some pictures of him on the job. May have to hire a third party to get that for you- but certainly could use that "evidence" as leverage against him and his employer?!

 

[Ohiogal]

I know of companies who do this. If they can get away with paying less, they feel they've won. (So, okay, I'll pay you under the table, but $15 instead of $20 per hour.)

Also, they pay into the unemployment fund in the state, but it's the government that actually pays the unemployment to the laid off workers. While it is true that an employer's unemployment taxation rate will go up when someone files for unemployment, they might still come out financially ahead- if they don't get caught perpetrating fraud.

I am certainly not an attorney, but I imagine you could "prove" that he is still working by getting some pictures of him on the job. May have to hire a third party to get that for you- but certainly could use that "evidence" as leverage against him and his employer?!

What kind of leverage? That sounds amazingly close to blackmail. If she knows he is working under the table and collecting unemployment then she has to inform the unemployment office of his fraud as well as report the employer.

 

[sunlover721]

Make him tell the truth

Sorry-- I guess I wasn't clear what I meant. If you have evidence that he's still working, I would assume (maybe under the old ass-u-and-me clause) that his employer is not gonna want to keep paying him under the table and will insist that he goes back on payroll or goes away altogether.

 

[fighting alone]

paying under the table and collecting unemployment pretty much a regular occurence here, employers pay out taxes to some organizations based on what they pay out to employees,so if they dont show they payed out, then the amount owed is less,
I know about 20 people on that grassroots bailout at this very moment....
My boss wont do it but there re many that will especially in the construction industry...
your just going to have to prove hes getting unemployment and getting paid cash under the table dont know how but thats what your gonna have to do

 

[eerelations]

U.S. Law only.

The US the only place in the world you'll find a 401(k).