Legal Question in Family Law in Maryland
My ex husband by court order is suppose to pay child support thru the child support agency in Maryland were we live. He was doing so but then quit his job almost two years ago. He filed for unemployment and thru Child support I receive about half the court ordered amount due per month now from his unemployment check. I am social with my ex husband, and he has divulge to me he is working under the table for various friends and companies. He is in the construction field of work so I know he gets many opportunities to do side jobs. He has never actually looked for a job since filing for unemployment. He told me he doesn't plan to. He lives with his Dad and he doesn't have to pay for anything. He has no bills except for his alcohol and prescription pain pills he is addicted to. My ex like his father is a alcoholic. He takes no responsibility for our daughter and hardly sees her. He has also told me how he and his father resent having to pay child support. They came up with the plan for my ex to live with his father, quit his job, and help his father take care of the maintenance of the two tenants he has on his property. So as my ex lives for free he plays maintenance man for the house his father rents out as two apartments. And to satisfy the child support agency he collects unemployment which a portion of it goes towards his child support payments. He also is in arrears for over $20,000 to date for support. The Child support agency is satisfied that he makes an effort at least with his unemployment portion of support payment. What can I do to get this lazy fraud exposed for stealing from the system and get him to get back to work. I can't afford to hire a detective to gather evidence but I myself have a bit of proof to support my knowledge of his scheme.
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1 Answer from Attorneys
You have to go to court and file a show cause order, asking the court to hold him in contempt for deliberately falsifying his true income in order to avoid paying child support. This is known legally as voluntary impoverishment. You should consult with a family attorney who will know how to handle this procedure. If you can't afford your own attorney, your county bar association should be able to provide you with either a free (pro bono) or reduced fee attorney if you income qualify.