Legal Question in Family Law in Massachusetts
child support
My ex husband is self employed as a carpenter. He has done everything he can to try and pay as little as he can for support. We have 2 girls ages 15 and 12. But because he is self employed, he comes to court with almost no paperwork to substantiate his financial statement he files with the courts. What paperwork would I need to file to make the courts request backup for his claim that he makes no money? He doesn't have a checking account and handles everything with cash. Gets paid, cashes the checks where they are drawn and then pays his bills with cash/money orders. I know he is working and making plenty of money, but doesn't want to give me money to support the girls. Right now, he is supposed to pay me $104.31/week for the girls and he is almost $3200 behind in support. Please help me get what my girls deserve.
3 Answers from Attorneys
: child support
Get a contempt order, and file for discovery of all records and all jobs, and all of his financial records, and credit cards. You might have to get an investigator, or an attorney.
Re: child support
Cases like these are always difficult. What you are going to need is a credible witness or witnesses -- frankly, a PI would be good -- to help locate his workplaces and document that he was there. There is also another route that would be very helpful, too, which can be used -- most contractors use cell phones these days, and cell phones create call records.
Either method is going to be a little intensive in the area of costs, but these are the most fruitful way to show that he is, in fact, steadily self-employed.
I would be happy to discuss this matter further. I offer sliding scale rates.
Re: child support
Retain an attorney to file a contempt for the arrears as the statute allows you to also recover interest and attorney's fees where there are child support arrears involved. Work with that attorney to uncover the records of his income sources. Good Luck!