What is the name of your state? MI
My ex husband has been dodging the system for 12 years. Every time he gets a job and the FOC catches up with him he quits in a hurry so they don't take his money but then, of course, he is broke. He has managed to find a few "under the table" jobs in the last few years but recently his luck ran out. He was so broke that last year instead of telling his family and friends that he couldn't buy Christmas gifts (which was his own fault because he was dodging the system) he chose to steal someone else's credit card and go shopping. He got caught and now he's getting sentenced soon. I have no idea how much he spent. I was told he is likely to get 2 years. I searched the internet and saw that he can file a motion to get his support changed while he is incarcerated. I am not happy about this because he's so far in arrearages that it just seems like he's getting what he wanted. He owes over $40,000 and I actually forgave around $20,000 and took his arrearages down to zero about 6 years ago because I thought it would help if he weren't feeling so overwhelmed but it didn't. I will NOT forgive the $40,000 unless he gives up all of his rights. He never sees my kids, never calls them and even though he is horrible I have never tried to influence their feelings toward him. I never talk bad about him but within the last year the kids have made up their own mind about how bad he is. It's sad but at the same time a relief because my daughter used to be so upset at me for divorcing her dad. She now understands. Still knowing my kids don't like him because they've told his siblings (who they adore and so do I) he still said he'll never give up his rights so I won't forgive the $40,000.
My questions are...
Do I have any rights here? Is there anything I can or should do?
Would you expect jail or prison for his type of crime?
Is there a work release program or is it likely that I won't see any money for the entire time he is locked up?
My ex husband has been dodging the system for 12 years. Every time he gets a job and the FOC catches up with him he quits in a hurry so they don't take his money but then, of course, he is broke. He has managed to find a few "under the table" jobs in the last few years but recently his luck ran out. He was so broke that last year instead of telling his family and friends that he couldn't buy Christmas gifts (which was his own fault because he was dodging the system) he chose to steal someone else's credit card and go shopping. He got caught and now he's getting sentenced soon. I have no idea how much he spent. I was told he is likely to get 2 years. I searched the internet and saw that he can file a motion to get his support changed while he is incarcerated. I am not happy about this because he's so far in arrearages that it just seems like he's getting what he wanted. He owes over $40,000 and I actually forgave around $20,000 and took his arrearages down to zero about 6 years ago because I thought it would help if he weren't feeling so overwhelmed but it didn't. I will NOT forgive the $40,000 unless he gives up all of his rights. He never sees my kids, never calls them and even though he is horrible I have never tried to influence their feelings toward him. I never talk bad about him but within the last year the kids have made up their own mind about how bad he is. It's sad but at the same time a relief because my daughter used to be so upset at me for divorcing her dad. She now understands. Still knowing my kids don't like him because they've told his siblings (who they adore and so do I) he still said he'll never give up his rights so I won't forgive the $40,000.
My questions are...
Do I have any rights here? Is there anything I can or should do?
Would you expect jail or prison for his type of crime?
Is there a work release program or is it likely that I won't see any money for the entire time he is locked up?
This year after I did my taxes he told me that I had to have them amended so he can get the earned income credit on 2 of the kids and I get it on one. You can only get that credit on 2 kids and you can only get it IF you live with/have custody of the kids. When I refused to amend so he could lie and cheat the IRS he told me that I'd get into trouble. If he does that I am sure I'll get an audit but since I am not the one scamming the IRS he will be the one to get into trouble. I think since I am supposed to get his refund he thinks it would bring his arrearages down. I hope I talked him out of that one because I imagine that would be alot more jail time....