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    Ncintron's Avatar
    Ncintron Posts: 1, Reputation: 1
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    #1

    May 6, 2013, 03:47 PM
    $46,000 Back child support and Untraceable income
    I have a Child support order for my 3 children now 21, 19 and 17. The father owes $46,000 for a period of 15 years. His driver's licence has been suspended for 10 years. The order is $50.00 a week per child and $50 a week towards arrears. He never pays except when he is held in Contempt of Order and only then will he pay a one-time payment of $2000 until I file another Contempt which takes me about a year to do. He was arrested back in 2011 on a $5,000 bail for non-payment but still does not care to continue payments as ordered. He has not respect for the law. I filed another Contempt and he failed to show up so the judge issued a Capias Warrant for his arrest. I received the Capias today but I will have to pay $400 for the Sheriff to arrest him and bring him to Court. I can understand that he does not have to pay child support for the 21 years old; but my daughter 19 is a full time college student and the 17 year as well. The father works in the real estate business owned by his best friend and does not report his earnings or files taxes for the past 10 years so he gets paid under the table. He also served one year in jail for evasion of taxes by not reporting money donated to him where he sent it to the Islamic groups. How can I get him to pay back child support; how can I proof that he has untraceable income; how can I proof he is lying under oath; and should I subpoena the IRS and his employer.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #2

    May 6, 2013, 03:55 PM
    You could have had him thrown in jail by now, and can do so this time. I know that doesn't produce payments, but it's a strong warning that he will go to jail again if he doesn't start paying.
    'How can I get him to pay back child support;' without paychecks to attach, it's almost impossible.
    '.. how can I proof that he has untraceable income;' by paying a lawyer or PI.
    '.. how can I proof he is lying under oath;' also by paying a lawyer, and even then there's no guarantees.
    '.. and should I subpoena the IRS and his employer.' You can't. What good would either one do anyway? None.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    May 6, 2013, 04:28 PM
    ... father works in the real estate business owned by his best friend and does not report his earnings or files taxes for the past 10 years so he gets paid under the table. He also served one year in jail for evasion of taxes by not reporting money donated to him where he sent it to the Islamic groups. How can I get him to pay back child support; how can I proof that he has untraceable income; how can I proof he is lying under oath; and should I subpoena the IRS and his employer.
    If you could subpoena the IRS, that would, assuming what you say is correct, only prove that he has not filed tax returns for the past 10 years. But you know that already.

    You can indeed take the employer's deposition. Ask how much the employer paid the father since he has been working there, what sort of work he does, how many hours every week, etc.

    It might be possible to garnish wages payable to the father from the employer.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    May 6, 2013, 04:59 PM
    First, its not a good idea to piggyback your question on another thread. Especially when that thread had little to do with your question. To avoid confusion I've moved your question to its own thread,

    I'm sorry to tell you this, but there is little you can do. If he is able to hide his income there is little child support agencies or the courts can do. One possibility is to threaten the real estate agency with sanctions if they allow him to hide income. If he is so devout a muslim that he contributes to Islamic groups, then talk to his Iman about having him pay.

    It sounds to me like you have done all you can from a legal standpoint. But there are deadbeat dads who can beat the system.

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