Legal Question in Family Law in California

I went through a divorce and was awarded full custody of my daughter, her father was given supervised visitation 2 times a month at a court appointed location.Throughout are court proceedings, my ex claimed he was unemployed therefor he could not pay child support. When I received the final divorce paperwork I noticed it says reserved under amount of support he is to pay. This was in 2011/2012. I have recently learned that my ex lied, and actually has been employed since early 2011, however he is being paid under the table, so that his earnings can go undetected. He has told me in the past that I will never ever receive so much as a dime from him. I contacted child support agency and they mailed an income change form to see about having the support amount adjusted. I filled out and also provided the proof I had of his employment. The proof I had was print outs of his employers companys website where there was dated photos of him on jobs, a news article where he was interviewed and stated his employment for a certain company, as well as his Facebook page printed out which had photos of him with his company truck, etc.....I received a response back saying my request had been denied because they were unable to locate his earnings or a current employer. Is it really that simple here in California to avoid paying any child support. Simply finding someone who will hire and pay you under the table? Is there anything that can be done to get the support order changed? Any and all help will be greatly appreciated. I am a single mother who is struggling to make ends meet. I am considering moving out of state where it may be cheaper to live if I am not able to get any support from him.


Asked on 3/25/13, 9:38 pm

2 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

You have compelling evidence if properly presented to the court with the assistance of private counsel, you may produce a support order.

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Answered on 3/26/13, 7:13 am
Zaida Zuraek Bridgford Law Office of Zaida Z. Bridgford

I agree with Ms. Kock. You have plenty of evidence to present to the court. As for the Department of Child Support Services, if he is not in the system, they would have a hard time collecting, which is no surprise as he's being paid under the table. Do yourself a favor and seek proper assistance of counsel on this.

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Answered on 3/26/13, 8:43 am


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