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    michelec777's Avatar
    michelec777 Posts: 1, Reputation: 1
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    #1

    Oct 14, 2007, 12:39 AM
    Ex-spouse lied about income, retained earnings, Child support cut in 1/2
    In my divorce trial 11-years-ago, my X lied on his income report and told the judge he made only $50k yr. In middle of trial my atty found hidden retained earnings for another $50k. The judge admonished him and doubled my support. (I am also extremely disabled). A couple years later, my X went in front of a different judge in a different city but same county (San Diego), and stated the "IRS had taken away half his clients and his income was cut in half." The judge asked for NO proof, and my atty didn't say anything about the last time he did this, but with her big mouth, the judge got ticked at her, my atty. So the judge cut my ch support in half instantly.
    It's now been about 8-9 years. I cannot work. We have lived in poverty since then, while my X has over $1,500,000.00 just in real estate, paid cash for $45k new truck, $38k for new car, dozens of trips to Alaska for fishing & girlfriend, paid $35k cash for new Travel trailer, $5k for campground membership, etc. etc. He also bought a chunk of property in Colorado to build a house on to retire there, with cash, again. His lifestyle went way up, while we struggled to keep our electricity, gas, phone, etc. on while living in a mobile home, which he actually said he would do to me; "I'll drag you through the courts until you are broke and living in a mobile home."
    At trial, he had missed so many visitations, he was ordered to pay $5.00 hr for ever hr of visitation missed, including weekends, holidays, etc. which I have never taken him to court over.
    Before the kids and I moved out of state, he would maybe see the kids for breakfast once every other month. Since we moved, it's been 4 years, and he has NEVER come to visit the kids. The only time he sees the kids is when my mom goes back to visit relatives, and even then, he might see them for only a couple hours out of 5 day visit.
    Every year he goes on a vacation to Colorado. This year was no exception. However, on his way home from Colorado, he called my 14-yr-old (He never calls and asks to talk to our other son, who turned 18 just today!) and told him he was 5-minutes away on the highway that passes our offramp. My son begged him to come see him for the day to show-off to him how good he rides his dirt bike, since he has not seen him ride in 6-years. He told my son that he could not take the time to see him, as his vacation took a lot of time off work and he couldn't spare another day, and he kept driving. My son was devastated.
    I would like to know how to get a hold of his taxes and go to court to prove he lied and get back all that child support we lost, which is over $100k, which does not include the "$5.00 per hour order", nor any health or dental insurance, which he has NEVER provided. The health ins & dental alone is approx $20k.

    My questions are thus:
    Is it too late to go back and prove he lied about his income?
    Is it too late to charge him for the "$5.00 per hour of missed visitation"?
    And, HOW do I get a hold of his taxes for the past 10 or so years?

    He has also started a couple other companies. One is writing Christian songs (a bit hypocritical?) Two is writing Ads for dentists, which he started when we were still married, but I could not prove it then.

    How do I go about finding all this information and proving it in court?
    Would I have to go back to Calif where the original divorce was?
    Would I need to hire a private investigator?

    Any help would be greatly appreciated!

    Thanks to all, and many blessings!
    Michelec777
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 14, 2007, 05:25 AM
    Hello Michelle:

    You'll need a family lawyer. Start there.

    excon
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #3

    Oct 14, 2007, 06:54 AM
    It's not to late... you need to get an attorney and start there. You can apply at the courthouse in your area to get free legal aid based on your income.

    In Ohio, child support is re-evaluated every 3 years to address any changes in income. You can do this all where you live now. But you really need to retain an attorney... they will do all the investigating you need to do.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #4

    Oct 14, 2007, 12:11 PM
    If you have substantial proof that he lied about his income then you need to return to the Family Court and file a motion for modification. Be prepared to present concrete, on-paper evidence that documents his true income and assets and substantiates what he should actually be paying in child support. This time, be sure to hire a lawyer who doesn't have a "big mouth" but who has proven experience in family law matters.
    sam197418's Avatar
    sam197418 Posts: 2, Reputation: 1
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    #5

    Aug 9, 2010, 08:52 PM
    Dear Michelec777, I'm sorry to hear this. I am actually in the same situation and no one wants to help. I can't afford an attorney because I'm trying to get disability. My ex stopped paying Nov. 25, 2009 then he received a letter about losing his lic. So he paid some. I'm owed close to $4,000.00. He has 2 children with another woman but they are living together and he over paid her, but the money comes back to him anyway. She has a separate apartment because the state helps her and they are frauding the state. Because of him not paying for over 6 months I lost my apartment and he knows he can't get our children because I'm NOT an unfit mother. He convinced our 16 yr. old to live with him and he's trying with our 14 and 13 yr. olds. He has no rules and lots of money. His dad passed and he's the trustee of the estate and he just received $80,000.00 at closing of sale of a property. He told the judge he has no income but I know he's been taking scrap metal to a recycling company. My problem is the court tells me to go to child support and child support tells me to go to the court. I'm in need of surgery on my neck and back and of course can't afford it. I miss being able to work and support myself and my boys but until then I'm up the creek. I wish there was help for single moms that can't afford an attorney. The most messed up thing is his niece is helping him hid his money in different accounts under different names (including hers) and properties in her name too. I'm just tired of getting the short end of the stick and I hope things work out for you. He was court ordered to pay $716.00 a month, when I went through child support enforcement the dropped it to $660.00 a month and when we just went to court he lied and said he had no income so they cut it to $330.00 and I still have custody of all 3 boys and only 1 lives there I still have the other 2. Sherry my e-mail is [email protected]
    sam197418's Avatar
    sam197418 Posts: 2, Reputation: 1
    New Member
     
    #6

    Aug 9, 2010, 08:54 PM
    Quote Originally Posted by sam197418 View Post
    Dear Michelec777, I'm sorry to hear this. I am actually in the same situation and no one wants to help. I can't afford an attorney because I'm trying to get disability. My ex stopped paying Nov. 25, 2009 then he received a letter about losing his lic. so he paid some. I'm owed close to $4,000.00. He has 2 children with another woman but they are living together and he over paid her, but the money comes back to him anyways. She has a seperate apartment because the state helps her and they are frauding the state. Because of him not paying for over 6 months I lost my apartment and he knows he can't get our children because i'm NOT an unfit mother. He convinced our 16 yr. old to live with him and he's trying with our 14 and 13 yr. olds. He has no rules and lots of money. His dad passed and he's the trustee of the estate and he just received $80,000.00 at closing of sale of a property. He told the judge he has no income but I know he's been taking scrap metal to a recycling company. My problem is the court tells me to go to child support and child support tells me to go to the court. I'm in need of surgery on my neck and back and of course can't afford it. I miss being able to work and support myself and my boys but until then i'm up the creek. I wish there was help for single moms that can't afford an attorney. The most messed up thing is his neice is helping him hid his money in different accounts under different names (including hers) and properties in her name too. I'm just tired of getting the short end of the stick and I hope things work out for you. He was court ordered to pay $716.00 a month, when I went through child support enforcement the dropped it to $660.00 a month and when we just went to court he lied and said he had no income so they cut it to $330.00 and I still have custody of all 3 boys and only 1 lives there I still have the other 2. Sherry my e-mail is [email protected]
    P.s. It's so funny cause now he's such a christain but doesn't act like it. I can't believe how much we have in common. Feel free to contact me if you need to vent.

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