Yet another support hearing...

[RemitAdvice]

What is the name of your state (only U.S. law)? VA

NCP is taking me back to court for CS amendment. Our last hearing was in Jan, in which he had his support lowered as his income had decreased due to a job change. The day after that hearing, he files to amend AGAIN. Shortly after he becomes unemployed. Would the VEC report to DCSE if he were receiving benefits and would my son be eligible to received some payment from those benefits?

Also, he has stated numerous times that he is working under the table for a construction company, and had even given me the name of the individual who hired him. I also suspect that he is working p/t for his father, who owns a small transport and logistics company in a neighboring county. I can't prove any of the above... His plan is to advise CSE and the judge (both of which will be at the hearing) that he's not employed at all. From the reads here I gather that they'll use minimum wage to compute his payment amount if he claims unemployed, but is there anyway to prove that this is not so?

The last payment I received was on 2/25, from his tax refund...and before that the first week of Jan. Since it will have been two months, and DCSE is involved, should I file contempt through the clerk's office, or is that unnecessary since we'll be going to court anyway? Also, at this stage is he looking at any repercussions of non-payment? Will they encourage him to pay at all? Is there absolutely anything I can do about his working under the table and reporting to DCSE and court sys as 'unemployed'?? My mother (bless her) has suggested hiring a PI to prove it in court...would something like that work or is that weird?

Any and all suggestions would be appreciated.

EWhat is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? VA

NCP is taking me back to court for CS amendment. Our last hearing was in Jan, in which he had his support lowered as his income had decreased due to a job change. The day after that hearing, he files to amend AGAIN. Shortly after he becomes unemployed. Would the VEC report to DCSE if he were receiving benefits and would my son be eligible to received some payment from those benefits?

Also, he has stated numerous times that he is working under the table for a construction company, and had even given me the name of the individual who hired him. I also suspect that he is working p/t for his father, who owns a small transport and logistics company in a neighboring county. I can't prove any of the above... His plan is to advise CSE and the judge (both of which will be at the hearing) that he's not employed at all. From the reads here I gather that they'll use minimum wage to compute his payment amount if he claims unemployed, but is there anyway to prove that this is not so?

The last payment I received was on 2/25, from his tax refund...and before that the first week of Jan. Since it will have been two months, and DCSE is involved, should I file contempt through the clerk's office, or is that unnecessary since we'll be going to court anyway? Also, at this stage is he looking at any repercussions of non-payment? Will they encourage him to pay at all? Is there absolutely anything I can do about his working under the table and reporting to DCSE and court sys as 'unemployed'?? My mother (bless her) has suggested hiring a PI to prove it in court...would something like that work or is that weird?

Any and all suggestions would be appreciated.

EWhat is the name of your state (only U.S. law)?

Is this hearing in court OR an administrative hearing? Have you talked to the person your ex stated hired you? If so and he confirms your ex is working under the table SUBPOENA him. Subpoena his father as well as payment records from dad's business detailing ANY and ALL payments to son. WHY did ex become employed? He owes out of unemployment. Ask the court to impute him with income.

 

[RemitAdvice]

Is this hearing in court OR an administrative hearing? Have you talked to the person your ex stated hired you? If so and he confirms your ex is working under the table SUBPOENA him. Subpoena his father as well as payment records from dad's business detailing ANY and ALL payments to son. WHY did ex become employed? He owes out of unemployment. Ask the court to impute him with income.

It's a hearing in a courtroom with a judge on a "DCSE" day. I've been several times before, first we meet either individually or together with a support administrator with CSE to review figures and income and deductions and whatnot...then if we are unhappy with the outcome of that meeting, we may continue to wait until the hearing. (Usually, it's hours...they bring the administrators in to hopefully speed up the process. That's what they tell me anyway) At the hearing there are two administrators with DCSE present to provide the judge with accurate arrears info and dates of payments, etc. etc. They enter any decree and order the judge makes into the system immediately.

As far as the 'phantom employer'...I have a name, but no other contact info and this may come as a surprise, but I think he may be lying about the name itself. The name he gives is familiar, but it's a guy we both went to HS together with...so who knows!

Bringing 'Pa' to court could be good if he was, in fact, employing son...but this is just a suspicion. Pa doesn't get along with son for various reasons and has let him go from working with him several times before. Two questions: If I filled out subpoena paperwork today (which I think is done through the clerk's office, right?) and our hearing date is on 5/3 (next Mon.) that's not really enough time for him to come OR for me to file a continuance (must have 10 biz days notice) So would I just wait for the hearing, see what happens, then file for a review myself? What if Pa shows no payment records, (this may sound dumb), would I get into any trouble?

As far as 'why' ex became unemployed...I have no idea. Voluntary/involuntary...not sure. I'm thinking he quit...for the simple fact that at the time of the last hearing in January, he was not providing health ins. as specified in our previous order, I had to retro coverage for two months after finding out he was termed from his last job, and the judge ordered me to provide ins. and him to reimburse. He went CRAZY after the hearing (that he also brought his Momma to) because he had already signed Memphis up for insurance through his employer and couldn't term it without a qualifying event. So he was being asked to reimburse me for insurance through CSE and also had to pay for his own policy through his employer. He termed that job the following week.
I had also requested that the judge include a small payment towards his arrears in his monthly payment due. That, combined with the health ins., actually raised his CS amount, even though he was making almost $4 less per hour than his previous job.

What do you mean, 'He owes out of unemployment?'

And, Dad isn't living at home, he has a separate legal residence...doesn't his indicate to the judge that he has some kind of gainful employment if he has living expenses to pay, right? Could that be used??


A thousand 'thank yous' for your response...