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    Ranger109's Avatar
    Ranger109 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 1, 2017, 09:54 AM
    Why haven't they taken free rent for maintenance upkeep into income consideration for
    When I was divorced my attorney had a deposition with my ex on his income as he tried hiding parts of his income. Bartering, trading, etc. was part of his income. Now many years later I have asked the state of WI for my 3 year reviews but they don't want to take into consideration his rent free living for doing maintenance on the property he lives on. This is a resort on a lake where he lives, so even in renting a lake home would cost a person quite a bit of money and my child support has never increased in many years. I live in Mn which would be an interstate case. If I needed to file in court I would have to travel 8 hours away which is not affordable to me. What can I do to make them see the money in support I have lost over the years? Very unfair to my child as I have been a single parent for 14 years and all things needed for living have increased but not his support. I will add he is a carpenter by trade so making cash is a given.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #2

    Jan 1, 2017, 11:23 AM
    "I have been a single parent for 14 years". You are just now trying to get more funds? "but his support has never increased" So he is providing support? What did the divorce settlement state regarding increasing support?

    I doubt anything will be done. Typically they view bartering as a wash because the net doesn't change.
    "I will add he is a carpenter by trade so making cash is a given". And your proof is??

    "travel 8 hours". Why can't the court send you the paperwork, you fill it in, Notarized, and send it back?
    cdad's Avatar
    cdad Posts: 12,688, Reputation: 1438
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    #3

    Jan 1, 2017, 12:16 PM
    Since your only speculating on his income then you would need proof to change it. That proof may need to involve a forensic accounting statement. The State will not provide such a statement as it costs a lot of money to generate one. If you really want one and you have proof of what your saying then your going to have to hire your own attorney to handle the matter which may negate any increase you might receive.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #4

    Jan 1, 2017, 01:46 PM
    Plenty of divorced women with exes in the building trades encounter this problem, and it's an expensive one to prove.
    You don't say how long he's had this job with free housing.
    Do you REALLY know what his job agreement is? 'Free housing' usually means a lower pay and a complicated arrangement for being on call 24/7. In other words, it has a value attached.
    You could try to get a statement in writing from the company he works for, but they may refuse.
    Then, since pleading with your court will probably get nowhere, your option is to hire a lawyer, but I think that is a waste of money you can't afford.
    Yes, it's unfair. With recessions and so many divorces plus unmarried support cases, the courts are overburdened, and the tax dollars just aren't there.
    Consider this: his field suffered during the recession ('07-'08) and the years following. Probably a struggle for him to pay all this time what he was ordered to pay 14 years ago, when the economy was good.
    So... if he's paying, I'm not even sure a formal audit would get you more support. Sometimes less.
    Ranger109's Avatar
    Ranger109 Posts: 2, Reputation: 1
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    #5

    Jan 1, 2017, 10:37 PM
    My proof is he has always been a carpenter and our 15 year old son talks to him daily so he mentions going across the lake to work here or there and at the point when he is several hundred behind but can buy a $200 jacket for our son for xmas along with other things. Our divorce states he is to also hold a life insurance policy which at one point when I asked nothing ever came about, he had one through up until divorce was final. if I make any motions in court we have to go to the court where our divorce was final as I had to do years back for 1/2 of uncovered medical expenses. Where he lives for rent free for maintaining this resort is not his main job he had a job for a company to but recently was hurt so he went to school for now a change in his career. So his living situation and his regular employment are 2 different things and they don't take that into consideration. Barring and working for personal possessions was not a wash when we got divorced. Thanks for your input.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #6

    Jan 2, 2017, 06:07 AM
    Sorry but that is not proof. Your attorney needs to subpoena his bank records, tax records, etc.
    talaniman's Avatar
    talaniman Posts: 54,108, Reputation: 10852
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    #7

    Jan 2, 2017, 08:11 AM
    You don't have proof of anything just feelings and opinions and you need a lawyer to gather those documents and advise and guide you through the legal process.

    This is not a do it yourself to save a few bucks type of thing. Nor will the court provide you with that kind of service to legally document your claims. The burden of proof to document your claims is on you, and quite expensive, time consuming, and complex.

    Get a LAWYER is my best suggestion. Most consultations are free.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
    current pert
     
    #8

    Jan 2, 2017, 09:38 AM
    There's no point in continuing with little details of his income and expenses with all of us. Sure, I said that he could end up in court being ordered to pay LESS because I've seen that happen. I based it on the recession. Now you say he got hurt and is changing careers.... that's likely to cause even more of a ruling in his favor. But of course I don't know; we know a thousand times less than you do. Even something like a $200 jacket is not meaningful (his parents chipped in, he got it for 50 from someone, who knows, who CARES). I'm just trying to help soften the blow and to show that nothing is ever as it appears.

    The point is what can you do? You can pay a lawyer. Sorry.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #9

    Jan 2, 2017, 06:29 PM
    14 years ago? I'm sorry but this is Sour Grapes to me. YOU had a divorce decree that YOU signed. Many divorce settlements have COL adjustments or elevator clauses, yours didn't? Your attorney should have thought of that or was this a DIY divorce? Now, you tell us he is going to school. So far, almost everything you have claimed is hearsay. Sorry.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
    Pets Expert
     
    #10

    Jan 2, 2017, 09:05 PM
    You know him, we don't, the judge doesn't, the court doesn't. You can go to your friends and tell them all the bad things about him, or tell them what you think he's doing, and they'll believe you without any proof. That's not how it works in court.

    If you want to change the child support court order, you're going to have to prove that he makes the kind of money you're insinuating he does. That means records, not just you saying so, not just what you believe. That means you have to hire someone to get that proof. That also means that you have to pay to take him back to court, and that means that you're risking that based on what they find, and the fact that your child is no longer a baby, doesn't need the supplies he did at the age of one, that you could end up getting less support, and you'll be out the money (and it won't be cheap) to hire a lawyer and take him back to court.

    I know that you're frustrated because you believe that he's being a deadbeat. But believing it, or even knowing it, doesn't mean anything without proof when it comes to the law. They don't care what you believe, they want to see proof.

    So hire a lawyer, and be prepared to pay a lot for the proof you'll need to take him to court. Also be prepared that you might end up losing more than the cost of a lawyer. If you're wrong, or if the judge determines he's paying too much, you could end up losing more than you bargained for.

    Based on the fact that you can't afford an 8 hour trip, I don't think that you can afford to legally take this back to court and get what you want. Based on what you've written I think it would be better to just leave it be, but that's up to you.

    Get a loan and get a lawyer, and then go from there.

    Good luck.

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