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Parents Working Under-the-Table to Avoid Child Support Obligations

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PofDBP

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

Hi, I'm having a problem getting child support from a non-custodial parent working under the table to avoid enforcement of his child support order. I was told it was possible to file a civil lawsuit against the employer for non-compliance if I could demonstrate the other parent was indeed employed there. I have a couple of questions I'm hoping someone here can help me with.

(a) What constitutes legal proof a parent is working under the table?
Are video and photos of the parent going to and from work sufficient?
If not, what is?
(b) Would following that parent to a suspected place of employment ONLY,
in an effort to obtain needed proof, be considered stalking?
(c) Could I, as an individual, send an employment verification letter
to a suspected employer?
(d) What other recourse is available to help put a stop to this
under-the-table employment?
 


Isis1

Senior Member
You will need financial records. A non biased third part such as a detective. You yourself should not be stalking the other parent. A letter from you requesting employment verification may not help you as they would have no legal obligation to answer you.
 

pooh_23350

Junior Member
I am in the same situation with my ex-husband.Child support agency was not very helpful so I went down to the court house my self and filed papers to take him to court.even though he lied to the courts and told the judge his wages could be garnished.if you have his information you can go to the courts and file your own papers to take him to court.Thats what worked best for me.and tell the judge he is working under the table.I have been going through this for years.And it is a very long and lengthy process believe me.If you have any questions about prossesing court papers I will help you as much as possiable.
 

Just Blue

Senior Member
I am in the same situation with my ex-husband.Child support agency was not very helpful so I went down to the court house my self and filed papers to take him to court.even though he lied to the courts and told the judge his wages could be garnished.if you have his information you can go to the courts and file your own papers to take him to court.Thats what worked best for me.and tell the judge he is working under the table.I have been going through this for years.And it is a very long and lengthy process believe me.If you have any questions about prossesing court papers I will help you as much as possiable.
Are you a licensed attorney in OP's state?:confused:
 

CSO286

Senior Member
I am in the same situation with my ex-husband.Child support agency was not very helpful so I went down to the court house my self and filed papers to take him to court.even though he lied to the courts and told the judge his wages could be garnished.if you have his information you can go to the courts and file your own papers to take him to court.Thats what worked best for me.and tell the judge he is working under the table.I have been going through this for years.And it is a very long and lengthy process believe me. If you have any questions about prossesing court papers I will help you as much as possiable.
Re the first bolded:

Because if CSED doesn't have the NCP on the books as employed somewhere, then they cannot do income withholding to obtain payment.

If CSED calls Joe's Auto and asks if Sam Jones works there, Joe's gonna say no. CSED has no recourse against an employer unless they can prove without a doubt that the NCP works for Joe's Auto. It can be very hard to collect support from an NCP who is determined to not pay.

Re the second bolded:
OP, feel free to not do this. Unless this poster is a licensed attorney, their help in preparing and processing the legal docs can end you up in some seriously hot water in court.
 

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