Check out some similar questions!

JoshuaG · Jul 1, 2013, 07:09 AM

Going to court next week for child support. I have full custody as my sons father and his biological mother gets visitations. She is a server and doesn't claim all her tips. Is that fraud? What can I do to get her to give the truth and tell them what she really makes? This is out of my control. She has only given me $40 recorded since I've had custody as of March 2012. If, I have full custody, then do I arrange visitations or will that be settled in court?

N0help4u · Jul 1, 2013, 07:19 AM

So are you saying you adopted your son from the father and mother? Yes the court sets up pay arrangements

J_9 · Jul 1, 2013, 07:23 AM

sons father and his biological mother

Who are you in this picture? Are you an adoptive mother or father?

ScottGem · Jul 1, 2013, 07:45 AM

I interpreted your post to mean you are the father to the child, your son. And have full custody.

Visitation is usually separate from support, so will be decided separately. If you were given full custody, was that both legal and physical? Did the order giving you custody, not say anything about visitation?

As for not declaring her tips, that is going to be very difficult to prove, but a court can use averages to determine support

JudyKayTee · Jul 1, 2013, 08:08 AM

I'm reading this as the biological mother and father have visitation and the person who asked the question (the OP) has custody for some reason.

Concerning support - yes, the Court will enforce a support order if given the employment info.
The Court itself can get employment info by "calling in" the parties and taking their statement under oath.

In NY when wait staff is involved the Court puts a percentage - I believe it's 20% - of salary as an "automatic tip."
Therefore, support is not based on salary. It is based on salary plus 20% (or whatever it is currently).

Tips are almost impossible to prove and very few people who are going to lie about tips to avoid support are going to claim tips on their IRS return.

JoshuaG · Jul 1, 2013, 09:35 AM

I am the stepmother who shares custody with my husband (biological father). We have full custody of the child and the biological mother gets unsupervised visitations already set through court in Florida. The case is closed now through Florida. We are taking her to court for child support and she says we don't let her see her son. Mind you she used to get him every weekend until she started leaving him with random people while she was working. So we stopped and let her get him every other weekend. The cops were called out to our home the last time she was here for screaming and yelling and then left with our son. We had asked her to being him back which she declined. So where to go from here? This is a very difficulr situation. Her parents had him this past weekend and his mother was with them when his grandparents dropped him off. She had a sling on her arm which they said she punched a wall and broke her wrist. We are merely worried about his safety and well being while in her care. What do we do?

Originally Posted by JudyKayTee

I'm reading this as the biological mother and father have visitation and the person who asked the question (the OP) has custody for some reason.

Concerning support - yes, the Court will enforce a support order if given the employment info.
The Court itself can get employment info by "calling in" the parties and taking their statement under oath.

In NY when wait staff is involved the Court puts a percentage - I believe it's 20% - of salary as an "automatic tip."
Therefore, support is not based on salary. It is based on salary plus 20% (or whatever it is currently).

Tips are almost impossible to prove and very few people who are going to lie about tips to avoid support are going to claim tips on their IRS return.

ScottGem · Jul 1, 2013, 09:55 AM

As a step mother you don't share custody unless the court has ordered it. Has it?

If the mother has him every weekend by court order, your husband has no right to change that without going back to court. Doing so can get him in trouble.

As for the child support, you can ask the court to add a percentage to her reported income to calculate support.

JudyKayTee · Jul 1, 2013, 11:25 AM

"I am the stepmother who shares custody with my husband (biological father). We have full custody of the child and the biological mother gets unsupervised visitations already set through court in Florida."

I have never heard of the stepmother having shared custody. Your initial statement and this statement seem to conflict.

This is by Court Order?