What laws are being broken

[utahgolfer]

What is the name of your state (only U.S. law)? utah

I am wondering what laws are being broken by someone helping a non cust parent avoid paying. He is apparently working under the table.

Thanks

 

[Proserpina]

What is the name of your state (only U.S. law)? utah

I am wondering what laws are being broken by someone helping a non cust parent avoid paying. He is apparently working under the table.

Thanks

None whatsoever.

It's not the responsibility of the employer/friend/family member to ensure the NCP is paying support.

 

[cbg]

Maybe not any family laws.

If he is paying the employee under the table, he is breaking several wage and hour laws. But that's going to come down on him, not the NCP.

 

[utahgolfer]

so there are no aiding and abetting laws or anything like that that come into play?

 

[cbg]

Nope. None at all.

 

[utahgolfer]

I didn't think so but my friends brother told her she could sue her exs gf for hiding him and paying him under the table thus helping him avoid paying alimony and cs

 

[cbg]

There are quite a lot of people who think that they, or their friends, can sue for one thing or another. Many of them post here.

Quite often they are wrong.

 

[utahgolfer]

Thank you very much

 

[Proserpina]

I didn't think so but my friends brother told her she could sue her exs gf for hiding him and paying him under the table thus helping him avoid paying alimony and cs

Again, it's absolutely NOT anybody's else's responsibility to make sure he pays his debts.

Your friend's recourse is filing for contempt in family court.

 

[LdiJ]

To expand on what cbg said...there are laws being broken if someone is being paid under the table. While its not possible to sue and have a favorable outcome, it is possible for the injured party to report the employer to both the wage people AND the IRS. So it IS possible for the injured party to get the employer in trouble.

 

[cbg]

Not to mention the employee who is not paying his taxes.

However, that all assumes that either the IRS or the wage and hour people follow up on a third party complaint. Which may or may not happen, depending on a great many factors.

Bottom line: There are NO family laws being broken. There ARE employment laws being broken. If you report them to the right agencies, there may or may not be any action taken.

 

[Zigner]

I'm not even sure there are employment laws being broken. OP says that the GF (of the NCP) is paying the NCP. Does that mean that the GF is paying expenses and gifting money to the NCP? If so, then there are no employment law concerns.

 

[TinkerBelleLuvr]

It is state dependent, but some require that contractors pay up to 50% of their income towards their obligations if the company is served.

 

[tuffbrk]

It is state dependent, but some require that contractors pay up to 50% of their income towards their obligations if the company is served.

Very true in NJ. My ex had children from a prior marriage and "owned" his own company. They sent the garnishment papers to a Company that he did a great deal of subcontracting for and the Company was responsible to forward 65% of his 1099 earnings to the County Probation Department.