collecting child support from a parent that works off the book

[silver1234]

I live in NY state and I'm preparing to take my childs father to child support. He works off the book and is legally married. Do I have a case? Also my income is higher than my childs father would I be responsible or paying him anything? I have custody but not through the courts.

 

[CSO286]

I live in NY state and I'm preparing to take my childs father to child support. He works off the book and is legally married. Do I have a case? Also my income is higher than my childs father would I be responsible or paying him anything? I have custody but not through the courts.

If his income cannot be proven, you can request that he be imputed wages equivalent to a full time min wage job.


Read here for more info: https://www.childsupport.ny.gov/dcse/home.html

The court uses a standard guideline to calculate what the noncustodial parent will pay, based on the noncustodial parent's adjusted gross income and on the number of children involved. The court first determines the noncustodial parent's gross income, and then makes certain deductions (including Medicare, Social Security, and New York City or Yonkers tax) to establish the noncustodial parent's adjusted gross income. The court then multiplies the adjusted gross income by the standard guideline percentage for the number of children. These percentages are as follows:

•17% for one child
•25% for two children
•29% for three children
•31% for four children
•at least 35% for five or more children.
Then the noncustodial parent's share of child care, medical, and educational expenses is added to the income percentage amount. The combined amount, percentage of income plus share of expenses, is the basic child support amount.

For incomes over $130,000, the court determines whether or not to use the percentage guidelines and may consider other factors in setting the full child support payment.

 

[silver1234]

Thank you for your reply.


I have two more questions...

1) Since he has no reportable income would the state garnish wages from his spouse?

2) Will the parent be responsible for back child support?

 

[Silverplum]

Thank you for your reply.


I have two more questions...

1) Since he has no reportable income would the state garnish wages from his spouse?

2) Will the parent be responsible for back child support?

His spouse is a legal stranger, and not at all responsible for supporting your child.

"Back child support" goes back to date of filing in most states. Check yours.

 

[CSO286]

Thank you for your reply.


I have two more questions...

1) Since he has no reportable income would the state garnish wages from his spouse?

2) Will the parent be responsible for back child support?

The spouse is not responsible for creating the child, therefore, the spouse is not responsible for supporting the child.

Reveiw the website I gave you for that information.

 

[silver1234]

Thanks again for the reply.

What if there is a joint bank account? I'm just trying to determine if going to court is a benefical or not. My childs father purposely works off the books so he won't have a legal obligation to financially support our child. I receive monies from him sporadically depending his mood.

 

[CSO286]

Thanks again for the reply.

What if there is a joint bank account? I'm just trying to determine if going to court is a benefical or not. My childs father purposely works off the books so he won't have a legal obligation to financially support our child. I receive monies from him sporadically depending his mood.

If there is a joint bank account AND the NCP owes past due support, it is possible that CSED can levy some/all of the funds from any acct the NCP has access to.

 

[BL]

If his income cannot be proven, you can request that he be imputed wages equivalent to a full time min wage job.


Read here for more info: https://www.childsupport.ny.gov/dcse/home.html

New York State laws protect low-income noncustodial parents.


If the noncustodial parent’s income is below the Federal Poverty Level ($10,830 for 2011), the child support order may be established at $25 per month and the amount of arrears will be capped at $500.


If the noncustodial parent’s income is below the New York State Self-Support Reserve ($14,620 for 2011), the child support order may be established at $50 per month.

Poster ,you're going to have to go into court and with something for the court to order over the minimum.

Sure a joint bank account can be siezed or frozen and al the wife has to do is go prove it's all from her income.

 

[TinkerBelleLuvr]

You may need an attorney to show that he is deliberately hiding funds to avoid supporting a child.

 

[nextwife]

She is not entitled to a child support modification for voluntarilly changing her position or hours.

 

[CSO286]

Sure a joint bank account can be siezed or frozen and al the wife has to do is go prove it's all from her income.

Actually, for child support purposes, simply proof that the money "belongs" to the spouse isn't sufficient cause to release a levy. Levy action would still be legitimate as long as the ncp has access to the funds and the funds cannot be traced back to an exempt source (earnings of a minor child and need-based public assistance funds would be two types of exempt funds).

If a joint account exists, then the levy action is still valid.