Voluntary Underemployment

[alcoello]

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

My ex for the last 10 years has made 10K a month. He was paying $338.00 in child support, until I found out he was lying about his income. I then asked him to help split the cost of my son’s driving lessons and he had a fit. So I filed for a modification, so I never had to go through that ugliness again. The court found he made $10,235.19 a month and they ordered him to pay $1267.00. He asked for a HARDSHIP HEARING AND WAS DENIED! Then came the emails to my son asking for him to come live with him for six months out of the year (so he didn’t have to pay child support) mind you he ONLY asked to see him 3 times a year and we live 5 hours away and the flight costs $100.00. When I put my foot down and said, lets try regular visition first before he comes and lives there, he stopped calling my son and hasn’t asked to see him the day he was court ordered to increase child support. After 4 months of not receiving the correct amount I finally called his place of employment only to find out his income went from $10,235.19 to $2142.00, yet he olds the same position? I believe he is setting the stage for voluntary underemployment. What can i do to protect my son? This was the money I was using for his college, since the ex doesn’t have to pay anything toward that in the State of Texas!

 

[CourtClerk]

How do you protect your son?

You've said nothing that indicates that your son requires any protection. Protection from what?

 

[alcoello]

Regarding son

I am sorry, I mispoke, protecting the money that is rightly due my son. My ex has been hiding money from us for years and not paying what the State says is a fair amount 20% of his income.

 

[CourtClerk]

There is no money due to your son therefore again, your son requires no protection.

Now, I'm sure the question you're asking is "how can I protect my money." Let's call it what it is.

Now, to answer your question, are you prepared to pay for an hire a forensic accountant? Are you prepared to pay and subpeona the employer?

 

[alcoello]

Interesting Article

New and Interesting Cases from the Texas Court of Appeals: Week of December 13th, 2009 | Dallas Divorce Lawyer Attorney Blog, Texas Child Custody Blog, Family, Paternity Law - Michael P. Granata

 

[CourtClerk]

Don't forget this part:

Once the obligor’s wages are established, the burden shifts to the obligee to demonstrate the obligor’s intent to decrease income for the purpose of reducing child support payments.

So the next subsequent question is:
Are you prepared to pay for an attorney, or play your own and make sure you follow ALL of the rules of court? That means, you can't go off on emotional tangents and you need to know how to ask questions properly, setting foundation, etc.

 

[nextwife]

After 4 months of not receiving the correct amount I finally called his place of employment only to find out his income went from $10,235.19 to $2142.00, yet he olds the same position? I believe he is setting the stage for voluntary underemployment.

What field is he in? I work with default loans, and every day I see people who previously had high incomes trying to adjust to lost incentive and bonus payments, lost account adjustments to income, corporate pay cuts, general loss of business and so on. It is not unheard of in this economy. Where I work, our CEO offered a ZERO salary (only taking deferred stock based on performance) this year as a demonstration to shareholders of his confidence in our performance, and several; high ranking officers took salary cuts for that reason.

 

[alcoello]

Actually

that money IS due my son. Its for HIS provision and for HIS college. So I am going to call it what it is. That modification was for the purpose of HIS curriculum and HIS college fund and HIS guitar lessons. I understand that the money comes to me for his provision. I am the custodian of his child support.
I really just came here for free legal advice.
I didn't mean provoke anyone to make comments such as "call it for what it is".

 

[alcoello]

Next Question

Don't forget this part:

So the next subsequent question is:
Are you prepared to pay for an attorney, or play your own and make sure you follow ALL of the rules of court? That means, you can't go off on emotional tangents and you need to know how to ask questions properly, setting foundation, etc.

Actually, I am a paralegal with 17 years experience, however it being in the corporate world. I only did 2 years family while interning. That being said, it is very emotional for me because it has been a fight for 16 years and got worse when he got married. An attorney I have spoken to before said that due to some of the facts of the case, ex not providing insurance, ex sending nasty emails, ex being caught hiding income . . . .then most likely he can file and take fees from ex. But I know how that goes too . . .

 

[alcoello]

More info

What field is he in? I work with default loans, and every day I see people who previously had high incomes trying to adjust to lost incentive and bonus payments, lost account adjustments to income, corporate pay cuts, general loss of business and so on. It is not unheard of in this economy. Where I work, our CEO offered a ZERO salary (only taking deferred stock based on performance) this year as a demonstration to shareholders of his confidence in our performance, and several; high ranking officers took salary cuts for that reason.

He is a District Supervisor over three states for Sears. I have emails from his new wife that said they were going to do whatever it takes to make sure I don't get any child support. I also have last court hearing where he was caught hiding money and only paying $338.00 monthly instead of the 20% he was due to pay. Then when the increase hit, I have tons of nasty emails and then him trying to get my son to live with him six months out of the year so he didn't have to pay child support. He also told my son if he didn't come live wiht him then he can have my current husband of 14 years adopt him, told him that twice . . .genius.

He actually asked for a Hardship Hearing making $10,215.19 a month and just getting back from Cabo, driving up in his Harley Davidson. His attorney actually laughed at him.

So do I think it will be hard "proving" a voluntary underemployment case, no, but I have seen crazy things happen to good people just trying to do the right thing get HAMMERED by the system. In my field I see it everyday.

I guess I can just start collecting systematically what I have. I know him so well, so I know what he is doing. I have a good friend of mine who is a private investigator checking him out right now. I just cant figure out if he is hiding the money or actually taking voluntary underemployment.

I think he has lowered his salary at the corporate level and moved to commission checks at the local level. Which he hasn't been on in YEARS.

 

[CourtClerk]

that money IS due my son.

No, it's not. If you read your court order, you'll see that it's not. Where does it say that it is due to your son. If that's the case, then you have no issue and it's your child who needs an attorney.

Support is to reimburse YOU for the cost of raising the child. NO WHERE does it mention the money is your son's. Sorry, but it doesn't.

I might add that even if you died today with a minor child, current support would be owed to the managing conservator of the child, not to the child itself, unless the child is an adult. That's per Texas law. You see, again, the money is NOT due your son. It's due YOU.

 

[alcoello]

Provision

No, it's not. If you read your court order, you'll see that it's not. Where does it say that it is due to your son. If that's the case, then you have no issue and it's your child who needs an attorney.

Support is to reimburse YOU for the cost of raising the child. NO WHERE does it mention the money is your son's. Sorry, but it doesn't.

I might add that even if you died today with a minor child, current support would be owed to the managing conservator of the child, not to the child itself, unless the child is an adult. That's per Texas law. You see, again, the money is NOT due your son. It's due YOU.

You win. I just know that in MY home, every penny of it goes to HIS provision. So like I said, before, I misspoke. I just know that it is my son's money, no matter what.

Now, can we get back to the legal advice on voluntary underemployment which is why I came here. I was hoping there was something this community would offer in the way of direction. Actually, I am very sorry I even brought this up here.

This has been a very emotional and stressful event in our life. And probably this isn't the place for this.

I appreciate all the feedback and advice . . .

 

[CourtClerk]

Actually, I am very sorry I even brought this up here.

We accept your apology.

This has been a very emotional and stressful event in our life.

Why???? It's money. It comes, it goes. If this is the biggest problem in your life and this is causing all this stress, then God Bless you because you obviously have never experienced adversity in all your life and neither has your child. I'd hate to see what happens when something catastrophic happens. I know people with chronic illnesses. Someone on here who's wife died after a long illness. THIS is stressful? Oh, the dramatics.

And probably this isn't the place for this.

You're right. It probably isn't. We'll eventually get really harsh and you won't be able to stand it.

 

[Isis1]

You win. I just know that in MY home, every penny of it goes to HIS provision. So like I said, before, I misspoke. I just know that it is my son's money, no matter what.

Now, can we get back to the legal advice on voluntary underemployment which is why I came here. I was hoping there was something this community would offer in the way of direction. Actually, I am very sorry I even brought this up here.

This has been a very emotional and stressful event in our life. And probably this isn't the place for this.

I appreciate all the feedback and advice . . .

what CC is telling you...and you don't seem to be grasping is...that legally, you have to prove it. you have to get a forensic accountant to check dad out, you need dad's employer to tesitfy dad is actually deliberately working less hours for the sole purpose of lowering his support.

 

[CourtClerk]

what CC is telling you...and you don't seem to be grasping is...that legally, you have to prove it. you have to get a forensic accountant to check dad out, you need dad's employer to tesitfy dad is actually deliberately working less hours for the sole purpose of lowering his support.

That actually wasn't really where CC was going... but ok.