proving ex husband was fired

[gemini76]

What is the name of your state?NH
My ex husband is taking me back to court to get child support reduced because he claims he is making less money at his new job, his new job is an LLC that he has formed with his girlfriend that he lives with and the company is named after him. He works 7 days a week, day and night so i know hes not making less but no way of proving it , not that I know of yet,anyway, he voluntarily quit his last job and is arguing that he was fired. I know for a fact that he was not fired since it was my grandfathers company that he worked for. They had a confrontation and my ex husband left and never came back. How can i prove that he voluntarily quit? NH has a rule that the current support order will not change if he willingly quit his job.

 

[NotSoNew]

he has to prove that he was fired, you dont have to prove anything.

 

[yecatskimball]

"NH has a rule that the current support order will not change if he willingly quit his job."

I am also in NH~What is the "rule" you are refering to? Is it a law?

Also...if he just formed a company he MAY not be making the same amount...even working 7 days a week to get his company started does not mean it is instantly profitable. He still should be held liable for the support though as he knew his obligation prior to leaving his former position. With the NH Courts though you never know what they will do!!!!! You may want a lawyer to go with you......

 

[gemini76]

NH I know hes making just as much and even more but the problem is his girlfriend owns most of the LLC. and writes him a check for 500 a week. I found a website on NH modification and found the information on voluntarily quitting your job and how you need a good reason to modify support and quitting your job is not one of them. It seems that way in most states. I was just wondering if the court would ask for proof, like sending a paper to the past employer.

 

[yecatskimball]

Thank you...I was hoping that you had found a statute or something.

My x too quit his job...specifically told me that he was quitting so that he would not have to pay child support...than he (1) started a business with his brother, all cash under the table. I finally (after over a year) got us to court on the non payment of child support...and they let him go in the hall prior to the hearing. Nice... sorry rambling...What was interesting was that the court asked him if he wanted to modify the child support as he could not pay it(because he didnt want to...because he voluntarily quit his job!!!), so that is why I say...you never know with NH Courts!

Good luck...

 

[betterthanher]

I was just wondering if the court would ask for proof, like sending a paper to the past employer.

Since he is the one taking it back to court, he is the plaintiff, so the burden of proof is on him, not you.

 

[gemini76]

wow! i hope that isnt rockingham county courts that you were dealing with! im talking to a lawyer on monday, he got a big shot fancy lawyer who eveyone calls a shark, thats not good news if they let your x modify his child support even though he voluntarily quit his job, i read NH court wont allow that, hmmm

 

[yecatskimball]

no not Rockingham~Hilsboro. Perhaps it was different because in my divorce my lawyer set it up that he had his wages garnished and sent thru child support services. That SEEMED like a good idea at the time, but now, well that office just does not seem to do anything when he doesn't pay. What's worse on behalf of my x, the woman who is assigned to his case seems to harrass him when she see's him around the town~which I do not think is right. When I call she acts like I am the one who OWES and she is extremely rude to me. I have gone up the food chain but everyone at that particular office seems to have the same attitude



The only advice I can give, which is 2nd hand from my lawyer. Be calm. State the facts and (hopefully) the court will follow the guildlines. If he has a lawyer than you should have one too. Did you try putting in the numbers in the child support Calculator for NH with his new pay?


My x ended up not trying for a modification. Course he is still not paying his CS and the arrears are adding up. He would have been better off filing for a modification...

 

[betterthanher]

he got a big shot fancy lawyer who eveyone calls a shark, thats not good news if they let your x modify his child support even though he voluntarily quit his job, i read NH court wont allow that, hmmm

Don't let that "big shot fancy lawyer" stuff intimidate you. It's a bunch of crap. I've talked to quite a few lawyers over the year who promote a good game (who've been doing this for decades), but all they are all stuck in their ways.

I've found out that alot of the younger lawyers can be just a "vigilant", if you will and not stuck in their ways. Plus they won't cost you as much as that guy practicing for 20 years.

 

[betterthanher]

That SEEMED like a good idea at the time, but now, well that office just does not seem to do anything when he doesn't pay.

That is not their problem, it's yours. It is up to the obligee to take matters in their own hands by filing the appropriate motions and paperwork with the court. Child support enforcement are state agencies and that's who they work for -- not the parents.

What's worse on behalf of my x, the woman who is assigned to his case seems to harrass him when she see's him around the town~which I do not think is right.

And I would be in court filing a protection order against the case worker and also reporting her to her supervisors and even to the state and ensuring she be reprimanded (even fired).

 

[yecatskimball]

I know that is what I told him to do about her. It doesnt seem right. and yes I did file motions myself( as I know they do nor work for me!)...but the bottom line turned out to be that they (child services) were being so horrible to my x I tried and he also tried to get another case worker assigned but that doesnt seem possible! lol oh well. Regardless I agree with what you said...a good lawyer is all the poster needs.

 

[Gracie3787]

What is the name of your state?NH
My ex husband is taking me back to court to get child support reduced because he claims he is making less money at his new job, his new job is an LLC that he has formed with his girlfriend that he lives with and the company is named after him. He works 7 days a week, day and night so i know hes not making less but no way of proving it , not that I know of yet,anyway, he voluntarily quit his last job and is arguing that he was fired. I know for a fact that he was not fired since it was my grandfathers company that he worked for. They had a confrontation and my ex husband left and never came back. How can i prove that he voluntarily quit? NH has a rule that the current support order will not change if he willingly quit his job.

There is no way of knowing for sure if he makes less or not, however, simply saying that " he works 7 days a week, day and night..." certainly doesn't indicate or prove that he's making more than he's claiming.

You can bring his former employer into court as a witness for proof that he quit instead of being fired.

How long ago did he quit and get his new job?

 

[nextwife]

When one is starting a new business, the amount of time invested DOES result in a financial payback - but it's not instantaneous. There is networking to develop leads, preparing quotes and proposals, only being awarded the work for SOME of the clients, or work one pursues, and then eventually completing that work and getting paid.

For example, when I was building up my customer base, it took, sometimes, two or three years of calling on certain customers before getting a first project. And some of those may not have closed for another year or so, at which time I FINALLY got paid. People I know in RE presume a lead time from offer to closing of 30 to 90 days on average. In commercial RE, the closings can be a year or more off from the date the offer is written.
My point is that a neew business often isn't amking money for every hour worked. Think of it as "planting seeds". First you till, then you sow, then you grow your business. And then, you harvest.