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Father working via 1099 misc to avoid support

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Jennlock

Junior Member
What is the name of your state (only U.S. law)? In Missouri, the father of my child is ordered to pay 480.00 per month for support. 6 months ago he got married and quit his job to start working via 1099 misc as an OTR truck driver. He hasn't asked about our child in over 5 yrs which is best for everyone. He now sends about 80.00 every 2-3 months to child support and sending messages to me saying that CSE can't do anything to him as long as he pays something and keeps his arrears under 5k. CSE will not do anything unless he pays nothing for 90 days. His arrears owed is close to 2k. I have sent pictures of his truck with the DOT number and company name to CSE but they can't find anything in regards to him working there. What can I do to get CSE to enforce the order? I would appreciate any helpful advice.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? In Missouri, the father of my child is ordered to pay 480.00 per month for support. 6 months ago he got married and quit his job to start working via 1099 misc as an OTR truck driver. He hasn't asked about our child in over 5 yrs which is best for everyone. He now sends about 80.00 every 2-3 months to child support and sending messages to me saying that CSE can't do anything to him as long as he pays something and keeps his arrears under 5k. CSE will not do anything unless he pays nothing for 90 days. His arrears owed is close to 2k. I have sent pictures of his truck with the DOT number and company name to CSE but they can't find anything in regards to him working there. What can I do to get CSE to enforce the order? I would appreciate any helpful advice.
Ask the enforcement folks to have his license suspended...that'll get his attention.
 

Jennlock

Junior Member
I have asked about suspension of his CDL but they will not until he goes a full 90 days without any payment. He's paying 80.00 every 2-3 months which is keeping him out of trouble.
 

Zigner

Senior Member, Non-Attorney
I have asked about suspension of his CDL but they will not until he goes a full 90 days without any payment. He's paying 80.00 every 2-3 months which is keeping him out of trouble.
Request a tax intercept.

Frankly, some folks will do anything to avoid paying what they owe. Don't plan on CS as a part of your budget.
 

TigerD

Senior Member
When his total arrearages exceed $5,800, you will see a quick change in his attitude and approach. When the amount due exceeds the aggregate of 12 months, it is a class D felony in Missouri. He will be facing up to four years in the department of corrections. Just call the prosecutor's office and ask to speak with the child support prosecutor.

TD
 

LdiJ

Senior Member
Request a tax intercept.

Frankly, some folks will do anything to avoid paying what they owe. Don't plan on CS as a part of your budget.
If he is driving a truck as a contractor (1099) he isn't going to have any refund to intercept. He is going to OWE rather than get a refund.
 

Zigner

Senior Member, Non-Attorney
If he is driving a truck as a contractor (1099) he isn't going to have any refund to intercept. He is going to OWE rather than get a refund.
Because folks never pay estimates...

;)



(You're probably right)
 

Jennlock

Junior Member
Thank you to all of you for your time and advice. I didn't even think about him not getting a refund but assume his wife will file jointly as she works at a nursing home and not 1099. I will call the prosecutor's office on Monday also to see where that goes.
 

LdiJ

Senior Member
Because folks never pay estimates...

;)



(You're probably right)
Those that pay estimates, target break even. They don't pay in enough to get a refund. I can pretty much guarantee however, that he won't do that the first year...and maybe not even the second year while he is struggling to make installment payments on the first year's taxes.;)
 

single317dad

Senior Member
If he has other dependents and makes little enough money, EITC could generate a refund even if he owes tax.

Jennlock, you can request your own hearing for child support enforcement; you don't have to wait on CSE to take action. You need to use your state's mechanism to ask the court for an Order to Show Cause and hearing. I was able to quickly find the Order form, but a corresponding Motion form will require a more extensive search.

http://www.courts.mo.gov/hosted/circuit13/forms/FAMILY_ShowCauseOrderforChildSupport.pdf
 

Ohiogal

Queen Bee
If he is driving a truck as a contractor (1099) he isn't going to have any refund to intercept. He is going to OWE rather than get a refund.
Not necessarily. I get a refund every year and I work 1099 and cash as a self employed attorney. Haven't owed federal since I started as an attorney. Owed no more than a $100 or 200 to the state. City is a bit different but never more than $500.
 

LdiJ

Senior Member
Not necessarily. I get a refund every year and I work 1099 and cash as a self employed attorney. Haven't owed federal since I started as an attorney. Owed no more than a $100 or 200 to the state. City is a bit different but never more than $500.
Then you are one of the rare ones who pay more in estimates than needed to target break even. However, that really is not the norm at all.
 

LdiJ

Senior Member
If he has other dependents and makes little enough money, EITC could generate a refund even if he owes tax.

Jennlock, you can request your own hearing for child support enforcement; you don't have to wait on CSE to take action. You need to use your state's mechanism to ask the court for an Order to Show Cause and hearing. I was able to quickly find the Order form, but a corresponding Motion form will require a more extensive search.

http://www.courts.mo.gov/hosted/circuit13/forms/FAMILY_ShowCauseOrderforChildSupport.pdf
While the bolded is true, there was no indication here that dad has other qualifying children who actually live with him. One needs qualifying children who actually live with you to get EITC.
 

TinkerBelleLuvr

Senior Member
http://www.moga.mo.gov/mostatutes/stathtml/45400005051.HTML

In addition to any other remedy provided by law for the enforcement of support, if a support order has been entered, the director shall issue an order directing any employer or other payer of the parent to withhold and pay over to the division, the payment center pursuant to section 454.530 or the clerk of the circuit court in the county in which a trusteeship is or will be established, money due or to become due the obligated parent in an amount not to exceed federal wage garnishment limitations. For administrative child support orders issued pursuant to sections other than section 454.476, the director shall not issue an order to withhold and pay over in any case in which:
I knew that in my state we could withhold on a 1099 so I went looking for Missouri. Lo and behold, the same mechanism exists her too. You need to have the garnishment sent to the trucking firm he works for.

The powers to be know that trick. You can also go for garnishing his bank accounts - not like I haven't done that one either.
 

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