Many parents put off filing for child support because their ex works under the table. If you aren't familiar with this term, working under the table refers to individuals who are paid in cash for their services often without paying taxes on that income. This makes it difficult to track how much money they actually make and, ultimately, to get an accurate child support payment amount.
If you find yourself in this situation, working with a reputable child support lawyer can help you get the support you need for your children. Here are some options when the noncustodial parent gets paid in cash rather than working at a traditional job.
1) Ask the judge to input income as minimum wage
In many states, it's difficult to completely escape child support obligations, even if the noncustodial parent claims they are unemployed. If your ex works under the table and pretends they have no source of income, a judge can still order them to pay child support. In this situation, the judge often inputs the state's minimum wage for 40 hours per week. The weekly child support amount is then calculated based on this minimum wage income and the number of children involved, even if your ex claims they are not working.
2) Present evidence of your ex's cash earnings
If you have any evidence that your ex earns cash income, such as pay stubs, bank statements, or even social media posts, you can present this to the judge to prove your case. This is often difficult to do on your own, which is why working with a team of experienced child support attorneys can be so beneficial. They can help you track down this evidence via subpoenas and build a strong case for why your ex should be paying child support.
3) Request that the judge set a higher support amount
In some cases, the noncustodial parent may have a significant amount of cash income but still doesn't want to pay child support. In this situation, you can request that the judge set a higher support amount to account for your ex's undeclared earnings. A child support lawyer can help you explain why your ex should owe this proposed amount. In some situations, your ex may even agree to a settlement to prevent the court from subpoenaing bank account records.
4) File a contempt of court action
If your ex is ordered to pay child support but doesn't make payments, you can file a contempt of court action. This means going back to court and asking the judge to enforce the child support order. If your ex is found in contempt of court, they can have a lien placed on their property or bank accounts, even if they work under the table.
Find a child support attorney near you. They can ensure you get the payments you need to support your children, even if your ex hides their income. Child support attorneys can help you understand your state's child support laws and build a strong case for why your ex should be paying support. Don't go through a legal battle alone - get the help you need to fight for the support your children deserve.Share