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amo1968 · May 2, 2008, 11:22 AM

Hi,
I am married and live in Michigan with my wife and her 2 children from a prior marriage and 1 of our own. Her ex-husband refuses to pay her child support and as soon as the order went through for child support 9 years ago, quit his job and became "self-employed".

He is currently going through felony non payment of child support for the children. I support the children and happy to do so. My issue is that he is now trying to either reduce his support which he isn't paying anyway or to have my wife pay him. Custody is slightly over 60/40 for my wife. Even on our weeks we feed and care for the children until he collects them in the evening and drops them off early morning.

My wife does not work but I do and support everyone on my salary. My concern is that he is making up some bogus income figure (being self employed) to try and have my income counted towards my wife's income so that we end up paying him so that we can pay for the children.

Although court ordered to provide health insurance and 70% of clothing deductibles and other medical expenses, I take on that and pay all of it. We gave up filing for expenses when it was clear years ago we would never see it. Perhaps I should regret that decision now.

In short my concern is that his ruse will work and we end up paying him for support. Any information or help or pointing in the right direction would be really greatly appreciated. It really burns to think I may end up paying someone else who refuses to pay for their own children.

If you need more information just let me know!

Thank you again for your time and input greatly appreciated!!

stinawords · May 2, 2008, 01:29 PM

I honestly would't worry too much about it. If you don't already, I would hire a lawyer just to make things go more smoothly for you and your wife. Other than that I seriously wouldn't worry too much about it especially since he is already being charged with felony non-payment the judge will more likely than not see through his little plan.

George_1950 · May 2, 2008, 02:11 PM

Originally Posted by amo1968

Hi,
I am married and live in Michigan with my wife and her 2 children from a prior marriage and 1 of our own. Her ex-husband refuses to pay her child support and as soon as the order went through for child support 9 years ago, quit his job and became "self-employed".

He is currently going through felony non payment of child support for the children. I support the children and happy to do so. My issue is that he is now trying to either reduce his support which he isnt paying anyway or to have my wife pay him.

My wife does not work but I do and support everyone on my salary. My concern is that he is making up some bogus income figure (being self employed) to try and have my income counted towards my wife's income so that we end up paying him so that we can pay for the children.

Although court ordered to provide health insurance and 70% of clothing deductibles and other medical expenses, I take on that and pay all of it. We gave up filing for expenses when it was clear years ago we would never see it. Perhaps I should regret that decision now.

In short my concern is that his ruse will work and we end up paying him for support.

Thank you again for your time and input greatly appreciated!!!!!

I don't believe you will have a problem with this, unless your wife (and you) were to lose custody of the children; not a likely scenario but not impossible either. But if your wife were to lose custody of the kids, she would probably be ordered to pay child support; and she might get a "credit" on a weekly basis for some of the arrears owed to her.

Fr_Chuck · May 2, 2008, 02:34 PM

I don't see a issue, but I would have an attorney, also you should require him to prove how he is living at his lifestyle, get photos of his home, his car or cars and also demand that he produce evidence of his bank accounts.

cdad · May 2, 2008, 03:13 PM

Since he hasn't paid in 9 years and so long as you have representation in this matter then I don't really see anything changing. The only change that could take place is the court orders your wife to pay child support and then would alow it to go against arrears that have already gone by. So as far as out of pocket it should be nil on child support but you will have lawyer fees to pay. And as far as him being self employed the only things you can do is forensic accounting ( expensive ) and use the discovery process to try to get a paper trail that's different from the one he is representing. Good Luck.