Looking for options

[allemyne]

My ex and I divorced three years ago.  At the time he was switching jobs (he had worked for my father; don't think that would do to well, especially since I am the bookkeeper for the company!)  We set the support based on a minimal income he could be expected to receive as an automotive mechanic, with the agreement we'd refigure once he got settled.  He remarried shortly after (older woman with more money than brains), tried running his own business, then started driving a truck about two years ago.  For the first year or so, we were in court every three months because he hadn't paid his support; he'd pay up the day before we went in, so the judge finally dismissed it.  Since then, he pays around the end of each month, and manages to spend about 40 days a year with his son (he lives 10 miles away)

Our son is 9 now, and I actually have several questions concerning this situation, and hope someone can give me advice where to turn.

1)  What would be involved in discovering his true income now and getting support refigured?  He yelled at me the other day he's grossing $180,000 this year, but has to pay most of it on his new truck (this is is second or third - keeps trading them)  He's also informed me if I try to get it refigured, he'll park that d*mn truck . . . .

2)  Between work and school, my expenses for childcare have increased; our son is in a dayschool program during the summer so I can work and attend classes (he is entitled to 2 two week periods in the summer with our son, but never bothers with it), as well as an afterschool program during the school year.   Can he be expected to contribute to this expense?

3)  Right now he owes $180 for medical expenses, and I found out yesterday we will need to start our son on braces ASAP.  He does have insurance that will cover part of this, but we split anything the insurance doesn't cover.  I can't really afford to wait months for him to pay his share; is there any kind of deadline or any way I can get it court ordered it must be paid upon receipt of the bill?

I know visitation is his option, but I support and medical expenses aren't.  The problem is getting him to  pay them.  Any advice?

[Jade]

My ex and I divorced three years ago.  At the time he was switching jobs (he had worked for my father; don't think that would do to well, especially since I am the bookkeeper for the company!)  We set the support based on a minimal income he could be expected to receive as an automotive mechanic, with the agreement we'd refigure once he got settled.  He remarried shortly after (older woman with more money than brains), tried running his own business, then started driving a truck about two years ago.  For the first year or so, we were in court every three months because he hadn't paid his support; he'd pay up the day before we went in, so the judge finally dismissed it.  Since then, he pays around the end of each month, and manages to spend about 40 days a year with his son (he lives 10 miles away)

Our son is 9 now, and I actually have several questions concerning this situation, and hope someone can give me advice where to turn.

1)  What would be involved in discovering his true income now and getting support refigured?  He yelled at me the other day he's grossing $180,000 this year, but has to pay most of it on his new truck (this is is second or third - keeps trading them)  He's also informed me if I try to get it refigured, he'll park that d*mn truck . . . .

2)  Between work and school, my expenses for childcare have increased; our son is in a dayschool program during the summer so I can work and attend classes (he is entitled to 2 two week periods in the summer with our son, but never bothers with it), as well as an afterschool program during the school year.   Can he be expected to contribute to this expense?

3)  Right now he owes $180 for medical expenses, and I found out yesterday we will need to start our son on braces ASAP.  He does have insurance that will cover part of this, but we split anything the insurance doesn't cover.  I can't really afford to wait months for him to pay his share; is there any kind of deadline or any way I can get it court ordered it must be paid upon receipt of the bill?

I know visitation is his option, but I support and medical expenses aren't.  The problem is getting him to  pay them.  Any advice?

File for a modification of child support.  The discovery part of the process should reveal how much he is making.  And if he parks the truck, be sure to ask for ALL of his pay records since he started driving a truck so that he can have income imputed to him. 

You can ask the court to order that if he hasn't paid his portion of the medical expenses by a certain time after receiving the receipt (all should be done certified return receipt requested) to automatically garnish it from his wages (I would also get the child support automatically garnished from his wages, as well).  I don't know if the judge will grant that.  If not, you can file contempt of court charges.  Since he seems to pay just before in order to avoid being found guilty.

[allemyne]

I talked with my lawyer about filing for a modification of support - he wants $1500 up front, and I don't have it.

As for the courts garnishing his wages, I haven't even been able to get them to order child support to be taken form his check; something about he leases to a company that pays him, so he actually works for himself.  And that's where I think the problem will come with getting his true income - I can guarantee he's being paid a portion under the table . . .

I have sent him emails concerning the bills, and I'd give him copies if I ever saw him; if I don't hear anything by Monday, I will send him copies certified.  Like I said, I just really dread how difficult this is going to get with the braces - then his excuse will be waiting to see what the insurance pays!

[Jade]

I talked with my lawyer about filing for a modification of support - he wants $1500 up front, and I don't have it.

As for the courts garnishing his wages, I haven't even been able to get them to order child support to be taken form his check; something about he leases to a company that pays him, so he actually works for himself.  And that's where I think the problem will come with getting his true income - I can guarantee he's being paid a portion under the table . . .

I have sent him emails concerning the bills, and I'd give him copies if I ever saw him; if I don't hear anything by Monday, I will send him copies certified.  Like I said, I just really dread how difficult this is going to get with the braces - then his excuse will be waiting to see what the insurance pays!

This is where you inform the IRS that he's being paid a portion under the table.  There IS some type of record.  Usually in accounts payable.  Let the IRS do the work.