Lying

[CBK]

What is the name of your state? Florida.

I actually have 2 questions. Although my ex and I are still on working terms, he has not paid child support for the last 6 months. Can my lawyer ask for an arrest warrant? My ex has made it clear that he does not plan to pay, although he still gets the kids.

The other thing is his proof of income. When we went to court (5 years ago), he purgered himself and said that he was only making a certain amount, when in reality, he was making much more under the table. (He worked for his family. He also made the mistake of admitting to the extra money in the temp. hearing, but in the final it was a different song. The judge saw through that. )

Anyway, now, he claims he no longer works for his family, but someone else. At the latter part of last year, he started the "I'm not making as much" song. When we met in mediation, his lawyer explained to him that the judge would possibly take a general amount for the type work he does. I never heard anything else about it. He just quit paying.

Now, my question is, if he says that he makes a substantially lower amount than he did 5 years ago, working in the same industry, doing the same job, how likely is the judge to believe him, and what do I need to do to find out whether or not he really is making the amount he claims? Can I suponea his employers records? What if the employer shows other employees making more for the same job?

The bottom line is that I feel it is not unfair, but rather fair for him to pay the same amount he did 5 years ago. I am not money hungry nor trying to "take him to the cleaners." I just want him to take responsibility for helping me support these children. I work overtime to compensate for him not paying. I do feel as if I take him back to court for the back child support, he will try the "not as much money" theme. We are talking about NO modification for 5 years.

Any suggestions would be helpful. ThanksWhat is the name of your state?

 

[Ohiogal]

What is the name of your state? Florida.

I actually have 2 questions. Although my ex and I are still on working terms, he has not paid child support for the last 6 months. Can my lawyer ask for an arrest warrant? My ex has made it clear that he does not plan to pay, although he still gets the kids.

He has every right to get the kids as outlined in the visitation/custody order. No order no legal right to get the kids though he could plead status quo and that would look badly on you for denying him the kids. CS and Visitation are DIFFERENT! That being said, your attorney should file contempt of court and contact CSEA and ask them to swear out a warrant on him -- though he may not be behind enough that they will do that.
Now, my question is, if he says that he makes a substantially lower amount than he did 5 years ago, working in the same industry, doing the same job, how likely is the judge to believe him, and what do I need to do to find out whether or not he really is making the amount he claims? Can I suponea his employers records? What if the employer shows other employees making more for the same job?

The bottom line is that I feel it is not unfair, but rather fair for him to pay the same amount he did 5 years ago. I am not money hungry nor trying to "take him to the cleaners." I just want him to take responsibility for helping me support these children. I work overtime to compensate for him not paying. I do feel as if I take him back to court for the back child support, he will try the "not as much money" theme. We are talking about NO modification for 5 years.

Any suggestions would be helpful. ThanksWhat is the name of your state?

The judge can impute an income and most likely will.

 

[Gracie3787]

What is the name of your state? Florida.

I actually have 2 questions. Although my ex and I are still on working terms, he has not paid child support for the last 6 months. Can my lawyer ask for an arrest warrant? My ex has made it clear that he does not plan to pay, although he still gets the kids.

The other thing is his proof of income. When we went to court (5 years ago), he purgered himself and said that he was only making a certain amount, when in reality, he was making much more under the table. (He worked for his family. He also made the mistake of admitting to the extra money in the temp. hearing, but in the final it was a different song. The judge saw through that. )

Anyway, now, he claims he no longer works for his family, but someone else. At the latter part of last year, he started the "I'm not making as much" song. When we met in mediation, his lawyer explained to him that the judge would possibly take a general amount for the type work he does. I never heard anything else about it. He just quit paying.

Now, my question is, if he says that he makes a substantially lower amount than he did 5 years ago, working in the same industry, doing the same job, how likely is the judge to believe him, and what do I need to do to find out whether or not he really is making the amount he claims? Can I suponea his employers records? What if the employer shows other employees making more for the same job?

The bottom line is that I feel it is not unfair, but rather fair for him to pay the same amount he did 5 years ago. I am not money hungry nor trying to "take him to the cleaners." I just want him to take responsibility for helping me support these children. I work overtime to compensate for him not paying. I do feel as if I take him back to court for the back child support, he will try the "not as much money" theme. We are talking about NO modification for 5 years.

Any suggestions would be helpful. ThanksWhat is the name of your state?

You have 2 different situations, one is the non payment and the other is a POSSIBLE need for a modification.

The non payment issue:
A warrent cannot be issued until he has been found in contempt by the court. You need to file a motion for civil contempt/enforcement. You can have an attorney do it, have the DOR do it, or you can file yourself. You can find the pro-se forms at www.flcourts.org/
When the contempt hearing is held your ex will have to prove that his nonpayment is because of something that is involuntary (such as layoff from job, illness, injury, etc). If he can't prove that he'll be found in contempt and a purge will be ordered, possibly along with jail time unless purge is paid. The only way that an arrest warrent can be issued is if he doesn't appear at the contempt hearing or doesn't obey the court's order of contempt.

The order cannot be modified until one of the parties files a petition for modification. However, in the contempt hearing the court can issue an order to pay the arrers, and set an amount for arrears payments.

The modification/income issue:
As stated, a modification petition must be filed by a party. If your ex can prove that his income has decreased for a good reason he may get a reduction. AFTER a petition has been filed you can subpoena his employee records. Proving the exact amount of under the table income is difficult so you'll have to be able to prove that the income exists and the amount of it with either reliable documents or witnesses. If not, the court will most likey take his word for the under the table income.

Since he has to pay the court ordered amount until it's modified, the best thing you can do is wait and let him file instead of you filing for modification.