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Assets and Arrearages and Employers

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Radia

Member
What is the name of your state (only U.S. law)? TX and OH

Case is in OH Deadbeat is in TX

The ex and especially his wife are not good at keeping things a secret, or like to brag and simply do not know that a lien can be put on assets for payment of arrears.

*In 2008 ex told me that they were "buying" a home. At the time I was receiving regular payments toward support (443 a month) as well as payment towards the arrears (150 a month).

*He then lost his job in the beginning of 2009 and the payments were coming out of unemployment.

* He told me about a new job he had gotten in about April or May. It would require them to move. And so they did before the beginning of June.

*I received my last Support payment from his unemployment in August.

*He is currently 9964$ behind in support.

If you look at the information above, you can clearly see an overlap in employment and unemployment benefits. I'm tempted to turn him in for this, simply because he has proven so difficult in getting him picked up on the warrant he has for criminal non-support. If this gets him out in the open, then it will get him picked up on his warrant.

In looking for assets I found the current owner of the home he was buying, it was a rent to own situation. He referred me to the Fire Marshall :eek: because the house was set on fire shortly after he and his wife moved the majority of their big ticket stuff out. The FM says it was clearly arson and they think it was him but currently lack the evidence to pin it on him. Interesting... But not an asset that I can use. He couldn't tell me if there was insurance, and I have no idea how to go about finding out that information.


They slipped up over summer visitation and told the kids that they were "buying a truck" from his employer, and that she was simply keeping his paychecks (2 of them) to pay for it. When asked about it he later denied it.

They (in her name though) own a vehicle, though I understand vehicles are depreciating and don't really help me with paying off the arrears or provide much of a lien.

Yesterday they slipped up and mentioned "going into town to pick up his new truck"... Ah new truck = possible asset.

I don't know how to locate assets other than what I have done already. There are tons of online companies that offer to search for assets and then there is the idea of hiring a PI. Then is becomes and weighing cost vs benefit.

Anyone worked with a reputable Asset search company? Are there ways I can find these things myself? Any help is appreciated.

_____________________________________________________________
Employer info: more asking advice than legal help IMO.

He still refuses to give me his employers information, and I have hesitated to contact her. I found her info from the tax records on the property, as well as doing a background search on her.

He is telling me that if I contact her he will file harassment charges on me for doing so. Thats BS right? One letter is not harassment... Right?

I have typed up a letter to her, but am having some trouble with this. He says he has contacted her and that she is also unwilling to follow the law. I don't believe this for a second and don't know if this letter should be written from the perspective that I believe they have talked about the issue of withholding, or to write it from the perspective that he hasn't said a word to her.

I know this part isn't exactly a legal matter but I am deferring to the vast amounts of wisdom on this site =D

Thanks
 


nextwife

Senior Member
An "asset" is only of value to you if HE has equity in it. Because if you are able to legally seize the assets, you must pay off the lienholder and pay the costs of obtaining and disposing of the "asset". The word "new", as in New Truck, or New House, often simply means new to the buyer. Additionally, many new vehicles are upside down and have zero dollar value after subtracting liens. Maybe it's leased. And Lease to Own deal means the party leasing has no ownership value yet.
 

Radia

Member
An "asset" is only of value to you if HE has equity in it. Because if you are able to legally seize the assets, you must pay off the lienholder and pay the costs of obtaining and disposing of the "asset". The word "new", as in New Truck, or New House, often simply means new to the buyer. Additionally, many new vehicles are upside down and have zero dollar value after subtracting liens. Maybe it's leased. And Lease to Own deal means the party leasing has no ownership value yet.

Im not wanting these items, I am simply wanting a lien put on them for his arrears so that if he wants to sell or otherwise dispose of them, I am one that must be paid off as well to do so. Making things harder on him.

Sadly he could just file his taxes from 2001 on and pay off all his arrears in one transaction.. Unfortunately, even the court cannot compel him to file if he is due a refund...
 

justalayman

Senior Member
Sadly he could just file his taxes from 2001 on and pay off all his arrears in one transaction.. Unfortunately, even the court cannot compel him to file if he is due a refund...
There are requirements to file a tax return regardless of whether there would be a refund or payment due. If he earned over a certain amount of money, it is not optional.

The courts can compel him to file. Just not the CS involved courts.
 

LdiJ

Senior Member
There are requirements to file a tax return regardless of whether there would be a refund or payment due. If he earned over a certain amount of money, it is not optional.

The courts can compel him to file. Just not the CS involved courts.
Also, just as an FYI, any abilitity to obtain a refund from 2001-2005 has expired, and 2006 will expire as of 4/15/10.
 

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