friend's issue...

[momof1cutie]

What is the name of your state?CA & Nevada

I'm inquiring for my friend...she has an order for support, but her son's father lives in Las Vegas and the order was established in CA. she informed me that he owns his own business and therfore they can't collect cause of him not having to file taxes in Vegas. would she have to file an order of support in Nevada and what happens to the CA order?? i told her i would post a message to see if i can help her out w/ this ever-going problem she's been facing.

thanks

 

[Phnx02]

What is the name of your state?CA & Nevada

I'm inquiring for my friend...she has an order for support, but her son's father lives in Las Vegas and the order was established in CA. she informed me that he owns his own business and therfore they can't collect cause of him not having to file taxes in Vegas. would she have to file an order of support in Nevada and what happens to the CA order?? i told her i would post a message to see if i can help her out w/ this ever-going problem she's been facing.

thanks

Whether or not someone is self-employed, they still have to file taxes. Collection efforts can be a bit harder in this case because there is no monthly tax income reported to the state throughout the year. State collection agencies rely on this type of reporting so possibly why your friend is being told they cannot do anything at this time. The friend needs to file for copies of his year-end tax statements. CS will be based on his previous year's earnings, minus deductions. Keep the case in CA since this is where it originated. CA can get tax statements the same as NV can.

 

[momof1cutie]

Would she need a lawyer to get the copies of his year-end tax statements & can they go back a few years?? What if, for some reason, he didn't file at the end of each year, is she out of luck then??

 

[Phnx02]

Would she need a lawyer to get the copies of his year-end tax statements & can they go back a few years?? What if, for some reason, he didn't file at the end of each year, is she out of luck then??

A lawyer is always the best route. They have the knowledge, ability, and clout to do what you need done. However, they are very expensive. If you cannot afford one, file with your state child support/collection agency. This is usually thru the Attorney General's office and is a free service. The state AG office can get ahold of his last few year's tax records the same as any attorney. After all, they are a government agency. If he didn't file taxes last year, they will certainly ask why and will promote an investigation as to why not.

Be aware however, that since this is a free, government service, they work slow as snails. It may take many months - if not a year or more for them to get around to working on your case. Not only are they unindated with 1,000's of cases every month, but yours is especially time-consuming because your ex is self-employed and they'll need to supenea his tax records. And even if they get these records, it still involves more work to "figure everything out". It's not as cut and dry as most cases where people work regular 40-hr company payroll jobs with a steady paycheck. Often times, the self-employed can "move numbers around" to make it look like they didn't earn as much as they did and/or claim nothing was steady for an easy, monthly CS determination. Sorry!

 

[LdiJ]

Would she need a lawyer to get the copies of his year-end tax statements & can they go back a few years?? What if, for some reason, he didn't file at the end of each year, is she out of luck then??

She isn't completely out of luck but it will make the case more complicated.

 

[momof1cutie]

Thank you all for such wonderful advice, I will inform my friend of all of it.