NCP is claiming no income

[cwmayhem]

What is the name of your state (only U.S. law)? IL
My ex has not worked since Oct. 2008. Child support has been based on unemployment and union benefits since then (all ran out in Nov. 2010). Now, he is asking to have child support abated. This was filed in Nov. 2010, but has not yet been ruled on. It is now 4 months later, My kids have received $0 since he filed for abatement (again, not yet ruled on).
I received his discovery, and he regularly has huge sums deposited into his checking, claims he has no deposit slips, and there is proof that he is working side jobs. He is an electrician, and he charges alot for side jobs.
With this info, can he be charged with fraud?
Also, he has nmoney for kids, but found plenty to go back to school.
What are the chances the judge will allow abatement after this info?

Thank you in advance! I have been working 2 jobs to support and he constantly brings this up to the kids that "Mommy should pay for everything, after all she is working 2 jobs while I am not working at all!"
Also, he is living with someone, so no rent, and he pays for all these outrageous things with what he's got - $200 dinners, $500 worth of video game stuff just since all his unemployment, etc ended. Would the judge possibly let him pay no support???

 

[WittyUserName]

What is the name of your state (only U.S. law)? IL
My ex has not worked since Oct. 2008. Child support has been based on unemployment and union benefits since then (all ran out in Nov. 2010). Now, he is asking to have child support abated. This was filed in Nov. 2010, but has not yet been ruled on. It is now 4 months later, My kids have received $0 since he filed for abatement (again, not yet ruled on).
I received his discovery, and he regularly has huge sums deposited into his checking, claims he has no deposit slips, and there is proof that he is working side jobs. He is an electrician, and he charges alot for side jobs.
With this info, can he be charged with fraud?
Also, he has nmoney for kids, but found plenty to go back to school.
What are the chances the judge will allow abatement after this info?

Thank you in advance! I have been working 2 jobs to support and he constantly brings this up to the kids that "Mommy should pay for everything, after all she is working 2 jobs while I am not working at all!"
Also, he is living with someone, so no rent, and he pays for all these outrageous things with what he's got - $200 dinners, $500 worth of video game stuff just since all his unemployment, etc ended. Would the judge possibly let him pay no support???

It's hard to say what a judge will do - but in your case, Dad has been in arrears before, right? Unfortunately we are unable to guarantee judicial behavior here at FA, but if there is a court order to pay and there's no payment then technically he is in contempt. It'll be up to him to prove he has no way to pay, and that standard is pretty high.

Dad living with someone stupid enough to pay all his expenses is unlikely to matter.
Dad going back to school may not matter, either.
And last but not least - 4 months is not all that long in the world of CS, sadly. You are doing the right thing by making sure the kids are taken care of without Dad. It's unfortunate, but Dad may not ever catch up, and you might have to be prepared for that.

 

[cwmayhem]

Thank you for your response. He has been in arrears before. It was Last year, and they took his tax return.
I know 4 months is really not that long, but he is almost 2 years behind in other financial obligations, includig daycare, medical bills, school expenses, etc. He decided when he started seeing gf that he had no funds for those things. So this is more than just child support...
He is behind on all obligations almost $10,000 and lying to the courts about his income. Will it matter that I now have proof he is receiving income from somewhere? Also, he is supposed tobe able to claim 1 child on his taxes. I plan to fight this as well, as he is not supporting, doesn't see them but 24 nights a year, why should he have the benefit?
Because he is behind, won't the courts look at what he does spend his money on being so far behind? He even pays a place to wash, dry and fold his clothes!