• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Ex Claiming $0 Income For 2 yrs.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cmitchell6264

Junior Member
What is the name of your state (only U.S. law)? MAINE

Background:

1. Divorced in 2007
2. Support Order/Income Withholding put in place against Ex-husband for $120/wk.
3. DHHS Support Enforcement takes over collection of c/s.
4. Ex laid off in early 2008 and collects unemployment benefits until all extensions are exhausted in March 2009.
5. No support is paid/collected for 24 mths (other than $3.94 collected by SE from his bank acct in 2010).
6. SE has ex's drivers license pulled in 2010.
7. Ex is claiming $40 income in 2 yrs.
8. Ex has moved many times and is in process of divorce from current wife..no children by her. SE has not been able to locate him to serve him with Income Disclosure Hearing summons. He says he is living with a friend.
9. Ex owes over $14,000 in arrears for our child and at least that amount in arrears for 18yo child from previous relationship.
10. Ex has been working for cash "under-the-table" at a redemption center for at least a year but claims he is unemployed and "just helping out a good friend". It is common knowledge to friends/family that he works there but I don't know how to prove he's getting paid for it.
11. Ex is filing for motion to modify child support to $0 (I received summons on March 7, 2011). On child support affidavit he states he owes $1000 on a car loan (lists car value $1900) and made $40 income last year.

Questions:

How can he survive with no income (but for $40) for 2 yrs and pay on a $1000 car loan? It seems obvious he is not claiming income. Will a judge see through this? Even if the judge believed ex is/was hiding income can he do anything about it?

Oops..I just realized I should have put $40 instead of $0 in the title of this thread..sorry!

Thank you in advance for any advice/comments you may have.
 
Last edited:


mistoffolees

Senior Member
How can he survive with no income (but for $40) for 2 yrs and pay on a $1000 car loan? It seems obvious he is not claiming income. Will a judge see through this?
Sorry, but your suspicions are not proof of anything.

How do you know that he's not paying the car loan out of savings? Or having someone else pay it for him?

If you have evidence that he really has income, then the proper method is to subpoena his financial information and have it reviewed by someone who can interpret it. You can't simply accuse him of fraud without evidence.

Even if the judge believed ex is/was hiding income can he do anything about it?
Of course. If the judge is convinced that he is hiding income, he can adjust child support accordingly and/or penalize ex for perjury.
 

cmitchell6264

Junior Member
Thank you for your reply!

I have no thoughts of persuing fraud. I was just wondering if any of you knew of a way to prove if my ex is hiding income. It's very frustrating when it seems as though everyone around him knows he's getting paid cash but there is no way to prove it. Thank you for taking the time to anwer my questions.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top