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Deceived

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momof3inmi

Junior Member
What is the name of your state?What is the name of your state? Michigan
I was married to what would be considered in this northern city a family that is related to half the town. My ex works and is a 3rd generation for a family business. He (in the 19 1/2) years we were together increased in income annually, received Holiday and annual bonuses, provided a company vehicle where gas was provided. This and many more things have suddenly since the year of our divorce (01) ceased.

He continues to tell the court that his income has dropped in half, he is working approx 20 hours less that he did for many, many years. He now owns his vehicle but failed to claim it as an asset or an expense to the FOC. Has now made two attempts to modify support due to a change in income. We have only been divorced 3 1/2 years. He as well as his family have deceived the courts, the children involved and I am fed up with it and have incorporated over $16,000 in debt to two different lawyers. I am now Pro Per.

My hearing is tomorrow a.m. and my circumstances are this. The man makes over $60,000 a year plus bonuses. He claims he makes $40K. W-2's reflect 401K, deferred income, and I know there are accounts in either his parent's names or compensation coming from somewhere else. His lifestyle has not changed and this proves his change in income is non existent.

I am remarried and have a son that just turned 1 and has been diagnosed with IGg Enteropathy. This is a gastrointestinal problem and also has food and environmental allergies. I worked only part-time while married to my ex and that was after a tremendous amount of begging. When divorced I went back to school earned my state license for property/casualty insurance and had a job at a local agency working app 36 hours a week. Before leaving for maternity leave they offered me a position change which enabled me to be with my son and only work 30 hours. This was done by working Tues, Thurs & Sat, 10 hour days. My son then went to daycare only two days a week and we were dealing with health issues which were difficult on the provider as is.

To make a long story short, I was unable to accept everything I worked so hard for due to my son's illness. Our daycare provider couldn't handle it and we couldn't afford the cost of a live in, and have no family within 130 miles to help. I was forced to stay home and now my ex is upset that I am not working and claims I could and should be and to calculate accordingly. Can the court do this? Any advice for me. My kids are being cheated.
 


LdiJ

Senior Member
momof3inmi said:
What is the name of your state?What is the name of your state? Michigan
I was married to what would be considered in this northern city a family that is related to half the town. My ex works and is a 3rd generation for a family business. He (in the 19 1/2) years we were together increased in income annually, received Holiday and annual bonuses, provided a company vehicle where gas was provided. This and many more things have suddenly since the year of our divorce (01) ceased.

He continues to tell the court that his income has dropped in half, he is working approx 20 hours less that he did for many, many years. He now owns his vehicle but failed to claim it as an asset or an expense to the FOC. Has now made two attempts to modify support due to a change in income. We have only been divorced 3 1/2 years. He as well as his family have deceived the courts, the children involved and I am fed up with it and have incorporated over $16,000 in debt to two different lawyers. I am now Pro Per.

My hearing is tomorrow a.m. and my circumstances are this. The man makes over $60,000 a year plus bonuses. He claims he makes $40K. W-2's reflect 401K, deferred income, and I know there are accounts in either his parent's names or compensation coming from somewhere else. His lifestyle has not changed and this proves his change in income is non existent.

I am remarried and have a son that just turned 1 and has been diagnosed with IGg Enteropathy. This is a gastrointestinal problem and also has food and environmental allergies. I worked only part-time while married to my ex and that was after a tremendous amount of begging. When divorced I went back to school earned my state license for property/casualty insurance and had a job at a local agency working app 36 hours a week. Before leaving for maternity leave they offered me a position change which enabled me to be with my son and only work 30 hours. This was done by working Tues, Thurs & Sat, 10 hour days. My son then went to daycare only two days a week and we were dealing with health issues which were difficult on the provider as is.

To make a long story short, I was unable to accept everything I worked so hard for due to my son's illness. Our daycare provider couldn't handle it and we couldn't afford the cost of a live in, and have no family within 130 miles to help. I was forced to stay home and now my ex is upset that I am not working and claims I could and should be and to calculate accordingly. Can the court do this? Any advice for me. My kids are being cheated.
Yes, the courts can certainly "impute" an income for you based on what you could be earning if you were working. You can argue the issue of your other child and your inability to obtain daycare for him due to his illness. The judge may or may not take that into consideration.

If you can prove that he has under the table earnings then you may be able to avoid a reduction in child support, however that's probably going to be difficult to do. If your existing order was calculated with you having an income anyway, then any reduction may not be as dramatic as you think.
 

Phnx02

Member
Unfortunately, it's hard to prove income when someone gets paid "under the table". If the ex has tax returns & paycheck stubs claiming $40K a year....rather than $60K a year......the best you can do is get CS based on $40K a year. It's better than nothing!
 

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