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Some how some parents that have been ordered to pay child support have found away to mask the correct amount of earnings they get per pay period. This in my opinion can only mean that they have an employer that is willing to alter their real earnings and decrease the amount when reporting it to the department of child support services.
When I was ordered to pay child support for one of my children, half of my paycheck each pay period was automatically taken out. Each year my state/federal income tax was also withheld and sent to my ex for my child, until I was caught up on my payments.
However, for my other two children who have lived with me their entire lives whos father was ordered to pay, currently has a balance of 120,604.00. Randomly I will receive a payment in the mail, and that will go on for about two months and then I dont receive another payment for another couple of years. Each time his first payment is for the amount that he was ordered to pay. Then each payment after that, they become lesser amounts. Last payment received was $19.00. He obviously has not filed taxes in many years.
Please someone correct me if I am wrong, but isnt it 50% of a persons income (not to exceed monthly amount owed) that is supposed to be automatically taken out of a persons paycheck when the employer becomes involved? I have even contacted the DCSS and they stated the amount received is 50% of the amount reported by the employer. So I said "you mean to tell me I should believe that he only made 38.00 in an entire pay period."
I would like to know other peoples experience with situations like this, and where you able to find away to resolve it, or prove that the employer was not correctly reporting the other parents income?
It's easy. They work as independent contractors. Independent contractors report only the income they choose to report, usually pay no taxes as well as avoiding child support.
I've had friends who were in situations like that. One of them ended up signing something so her ex could be sent to jail, because he wasn't paying her anything for their two kids and he'd had babies with three other women since their divorce. She hadn't wanted him to go to jail because he'd never be able to send her any money then, but figured she'd never get anything anyhow because he was having so many more kids.
My friend's husband was a realtor, he drove a leased Lexus, and wrote off everything as a business expense. The man went to Vegas every month, stayed at the Bellagio, went to Aspen skiing, paid zip in child support. He was self employed, and had it look on paper that he had almost no income.
He was a vindictive sociopath, punishing his ex wife for divorcing him. He could care less about his kids.
There were times when lliterally, she had no money for Christmas gifts. She was over income for food assistance, barely. She had no cell phone. One year our family adopted her for Christmas, because she was too proud to ask for help. Those are the people your heart goes out to.
Last edited by jasper12; 10-25-2013 at 12:40 PM..
Reason: Edit
I've had friends who were in situations like that. One of them ended up signing something so her ex could be sent to jail, because he wasn't paying her anything for their two kids and he'd had babies with three other women since their divorce. She hadn't wanted him to go to jail because he'd never be able to send her any money then, but figured she'd never get anything anyhow because he was having so many more kids.
This happened to my xBIL. He was on probation, required to pay a certain amount each month (regardless of whether he had a job), and after he missed three months in a row he was hauled to jail. He only got out because his employer wrote a note vouching for him and vowing to take the money out of his paycheck (the baby mama had not been able to track down the employer to get the court order). He pays every month now.
Please someone correct me if I am wrong, but isnt it 50% of a persons income (not to exceed monthly amount owed) that is supposed to be automatically taken out of a persons paycheck when the employer becomes involved? I have even contacted the DCSS and they stated the amount received is 50% of the amount reported by the employer. So I said "you mean to tell me I should believe that he only made 38.00 in an entire pay period."
I would like to know other peoples experience with situations like this, and where you able to find away to resolve it, or prove that the employer was not correctly reporting the other parents income?
Generally, (and all this stuff differs from state to state), the 50% rule only applies when someone has a lower paying job that doesn't meet the previously set monthly amount.
Example: Person makes 10,000/month. Support is set at 1,667/month. Person loses job, gets new job that pays 1500/month. They owe 1,667/month but can't physically pay it, so support it set to the maximum of 50%, or 750/month.
Also, as mentioned above, independent contractors can pretty much do whatever they want, since they set their own taxes/payments/etc.
The mother can request an investigation into his salary/payment potential whenever she wants...mine does it every 6 months like clockwork. This is done through her respective state child support agency.
It varies by state and you need to do your research. While the person might not have income, they may very well have assets that you could look into. There might be some low cost legal advice that you can get where you live.
Also for the sake of their kids, the parent with custody should have a way to support them. Both parents should be obligated to provide financial support for their children. Women have won the right to work. A one-income household has it rougher but it can be done.
Also for the sake of their kids, the parent with custody should have a way to support them. Both parents should be obligated to provide financial support for their children. Women have won the right to work. A one-income household has it rougher but it can be done.
I agree that both should work and a one-income household wouldn't/shouldn't come into play.
In PA the court will base support upon an independent contractor's gross income, without taking into account ANY deductions, including social security, health insurance, expenses, etc, for the very reasons above described. This can lead to the opposite problem - one parent makes 50K/yr, but employer deducts for social security, medicaid, health insurance, whatever else employee can get taken out pretax. That parent gets assessed based upon take home pay. Other parent also makes 50K as self-employed, pays double social security, medicaid, all of his health insurance, has legitimate business expenses. Effectively takes home much less, but gets assessed on the entire 50K, so gets screwed regarding child support.
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