state to state child support

[melissa1973]

I live in Massachusetts. All court orders are from Massachusetts. I have legal and physical custody of my two children. My ex-husband moved to Florida 2 years ago before our divorce was final. Once he moved he completely stopped paying support. I have been trying to obtain child support through the Massachusetts child support enforcement division since Oct 2004. Massachusetts CSE was able to find an employer and get 3 support payments in March 2006. After that the employer reported to the state of Massachusetts that my ex was no longer employed by them. My ex has told my son and myself that he does indeed still work in the same place. I have called Massachusetts CSE to give them this information many times in the last year. I have also called his place of employment and asked to speak to him so I could see if he still worked there, and he is always there. The employer still denies his employment to the CSE every time they send a form to him. Because of this I am assuming that the employer is paying my ex under the table. I filled out a 3949a IRS form to report my ex and his employer around June 2006. Nothing was done. Today I sent an email to my ex's boss asking why he is telling the state of Massachusetts that my ex does not work there. A few hours later my ex called saying that he was fired from his job. I do not believe this is the case. I think he is telling me this so I will not contact the IRS. Is there anything I can do about him working under the table? Is there anything else I can do to collect the support in addition to CSE?
The other question I have is about my ex getting married before our divorce was final. During the first week of May 2005 I went to court (again) to try to get my divorce finalised. My ex did not show up to court. He had told me he was getting married that upcoming weekend (May 9, 2005) I told this to the judge and she had someone call him on the phone to tell him that she was giving us the divorce but it would not be final for 60 or 90 days (I can't remember) and that he could not get married on the 9th or he would be in contempt. He went ahead with the wedding anyway. He and his "wife" live as though they are legaly married. Is there anything I can do about this? Who would I report it to? I am just afraid that the new "wife" and children would be put ahead of his first two children from our marriage if anything were to happen to him.What is the name of your state?

 

[Ohiogal]

How are you going to stop the "new wife and children" from being put first in the event of his death? That is likely. He could make a will and leave EVERYTHING to them and disinherit the child(ren) you had with him. He has that right. Your child(ren) are not guaranteed anything upon his death unless your court order states that he has to have insurance with your child(ren) named as a beneficiary.

 

[melissa1973]

I don't want any of the children to be put first, I want them to be treated equal. I am afraid that wouldn't happen. Say he dies......wouldn't his wife just get everything unless he states in a will otherwise? She is technically not his wife but may be treated as such in the event of his death. I have no idea, that's why I came here.

 

[LdiJ]

How are you going to stop the "new wife and children" from being put first in the event of his death? That is likely. He could make a will and leave EVERYTHING to them and disinherit the child(ren) you had with him. He has that right. Your child(ren) are not guaranteed anything upon his death unless your court order states that he has to have insurance with your child(ren) named as a beneficiary.

There is one exception to that....they are guaranteed Social Security Survivors benefits which would be equally divided between ALL of his children.

 

[LdiJ]

I don't want any of the children to be put first, I want them to be treated equal. I am afraid that wouldn't happen. Say he dies......wouldn't his wife just get everything unless he states in a will otherwise? She is technically not his wife but may be treated as such in the event of his death. I have no idea, that's why I came here.

If their marriage isn't legal that could change things...however anything that they owned jointly would pass to her anyway, legally married or not.

 

[melissa1973]

Thank's LdiJ, I guess that is really something that I would have to deal with when and if it ever happened. Any advice on doing something about him working under the table to avoid paying support or should I continue to report his employer to the IRS and just pray they eventually look into it? It seems so hopeless.

 

[Ohiogal]

I don't want any of the children to be put first, I want them to be treated equal. I am afraid that wouldn't happen. Say he dies......wouldn't his wife just get everything unless he states in a will otherwise? She is technically not his wife but may be treated as such in the event of his death. I have no idea, that's why I came here.

Not necessarily -- it depends on the rules of intestate succession in the state. Can you prove that they are NOT legally married and that the marriage is just not voidable instead of void?

 

[ceara19]

Not necessarily -- it depends on the rules of intestate succession in the state. Can you prove that they are NOT legally married and that the marriage is just not voidable instead of void?

There's also the possibility that the new wife could be classified as the "punitive spouse". I can't remember if it was a US Supreme Court ruling or a State Supreme Court ruling though. If Florida recognizes "punitive spouses", and the new "wife" has/had a good faith belief that the marriage was valid, she would be entitled to all the same rights and responsibilities as a LEGAL spouse, regardless of whether or not the "husband" knowingly entered into a voidable marriage.

 

[LdiJ]

There's also the possibility that the new wife could be classified as the "punitive spouse". I can't remember if it was a US Supreme Court ruling or a State Supreme Court ruling though. If Florida recognizes "punitive spouses", and the new "wife" has/had a good faith belief that the marriage was valid, she would be entitled to all the same rights and responsibilities as a LEGAL spouse, regardless of whether or not the "husband" knowingly entered into a voidable marriage.

Hon, I think you mean putative spouse rather than punitive......LOL. Of course I guess its possible for someone to have a spouse as a punishment...

 

[ceara19]

Hon, I think you mean putative spouse rather than punitive......LOL. Of course I guess its possible for someone to have a spouse as a punishment...

Yes, I meant PUTATIVE. Time to go make coffee.

 

[melissa1973]

Yes, they both knew his divorce would not be final on May 9 and that he would be in contempt if they married on that day. His Florida marriage license would say May 9th and the papers from the court say that out divorce was not final and the judge ordered him not to do it. So I can prove that he knew. But as for her there is no way to prove she knowing did it even though I know she knew. It would just be my word against hers.
Is there anything else that would be affected because of this besides what happens if he dies?
Also, should I post somewhere else with my question about him being paid under the table other than in the family law thread?

 

[melissa1973]

I forgot to ask this in my first post but I have another question, this time about visitation. The visitation ordered by the court is every weekend, this is what we were doing until he moved to Florida. Since he has moved he has not returned to Massachusetts to visit the children. When I flew to Florida for vacation and took the children with me so they could visit with him at his house for the week while I stayed with my friend. A second time my mother took my children to Florida for February vacation and during that time they were able to spend a few days with him. He has called many times asking to have the kids down there for a week or so which I say is fine with me but I do not want the children flying alone from Massachusetts to Florida they are 10 & 12 years old. I told him he could purchase a ticket for himself to fly here, meet them and fly back to Florida with them and then do the same on the return flight. So he would have to purchase 4 round trip tickets to do this, 2 for himself and then 2 for the children. He can't afford this and neither can I. I have told him that he is welcome to come anytime to Massachusetts and visit with the kids here, but he will not. Because I refuse to let the children fly alone he is saying that I am keeping them from him and I would be in contempt for not allowing visitation. Am I in contept? Do I have to let them fly alone even though I don't think they are old enough? If he goes to court about this can a judge make me put my children on a plane alone? I know there are flight hostesses that fly with children but I am still not comfortable with this.

 

[ceara19]

It's not about what you KNOW or what you THINK you know, it comes down to what you can PROVE. Unless the new wife admits that she KNEW the marriage was not legal, you're SOL.

As far as the children are concerned. If he sends plane tickets for the kids to visit during his court ordered time, you better put the children on the plane. Not only would you be violating the court order by refusing to do so, you would most likely be ordered to reimburse dad for the tickets and possibly be held responsible for the cost of transportation for a "make-up visit".

 

[melissa1973]

It's not about what you KNOW or what you THINK you know, it comes down to what you can PROVE. Unless the new wife admits that she KNEW the marriage was not legal, you're SOL.

As far as the children are concerned. If he sends plane tickets for the kids to visit during his court ordered time, you better put the children on the plane. Not only would you be violating the court order by refusing to do so, you would most likely be ordered to reimburse dad for the tickets and possibly be held responsible for the cost of transportation for a "make-up visit".

Even if it specificaly says in the court order he is to pick up the children at my home and drop them back off would I still be be in contempt?

 

[haiku]

Even if it specificaly says in the court order he is to pick up the children at my home and drop them back off would I still be be in contempt?

you know, mediators and judges do NOT like to be pixxed off with nit piks such as this.

you have been told that kids can and are ordered to fly unaccompanied. The father has offered a valid solution for the distance at this time.

You are only going to look unreasonable when it comes time to go back to court and MAKE that flying time an OFFICIAL part of the visitation order.

Do you really want to be the parent who is deemed unreasonable by the judge?