Legal Question in Family Law in New York
withholdind to avoid child support
ex-husband is withholding wages to avoid child support. He shows $600.per wk on the books and gets approx $700. cash in hand. He doesnt own property but has a van, a luxury car and a boat. No bank accounts and cashes his checks in centers. We were divorced in 1997, i have tax forms & W2 from 1996 which shows he was only claiming to make 10.177 for the year. He is a carpenter and they earn $34.65 per hr starting pay, he is with the company for 15 yrs. I cant afford a lawyer and want to know how i can prove this. There was never a judgement of support in our divorce.
2 Answers from Attorneys
Re: withholdind to avoid child support
If you live in Connecticut you may be able to collect child support through the CT Support Enforcement Division. You do not need a lawyer to take advantage of this process although the process is somewhat slow, but effective. Call your local clerk of the court for a phone number of an office near where you live and make an appointment.
Re: withholdind to avoid child support
There are two ways to present evidence in Family Court for proof of cash payments.
The first way is by direct evidence. Direct evidence may take the form of a witness (someone that saw the cash transaction), or an admission through film (photograph or video of the exchange).
The second way is by circumstantial evidence. If costs associated with the luxury car, boat, house and day to day expenses exceed income and assets, circumstance dictates that other income must be received to make up the difference.
Mike.
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