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Im a single mother of 2 and my ex husband is having everything put in his new wifes name… house, cars, all financial stuff. He is a mechanic and works (so I thought) for the owner of the shop but I recently found out that he has his wife as part owner with the man (owner) because if he were to have it in his name as part owner, I would get more child support. In Lake County it is (I beleive) 25% of his check for 2 children…so he stated in court that he gets paid $ 14.00/hr and 30/hrs wk just so he would pay less. When we were married he would get $ 25/hr so I know he is also getting paid under the table. They have new cars and a big house. Wouldnt the new wife or him get in trouble for hiding financial information just to get out of paying child support? He is also claiming his income taxes as Single, not married filing single and claims both my children so he gets EIC when I know he makes alot of money, I know his new wife must put the house and all other stuff on her taxes.
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i wish i knew… being the second wife i would resent the hell out of paying child support for my husband’s children.
but- since he’s obviously working less so he can contribute less, i hope something works out for you.
maybe you could argue that he has the potential to earn 25 dollars an hour full time based on his employment history. then his child support would be based on what he should be earning not what he is currently earning. some judges will look at it that way, too. especially if it looks like he is doing his best to get out of paying child support.
If you have custody of the kids (I’m sure you do, if you’re getting child support) for more than 50% of the year, he cannot claim them unless there is something in the divorce decree giving him that right. You go on and claim them and the IRS will sort it out and make him pay back the money he got for the deductions.
As for hiding all the finances, you should definitely get an attorney. They can take him to court, and a good judge will look at those transaction records and see what’s going on. I’m not sure how it is in Illinois, but in my state my attorney told me that a judge will see something like that and say, “Ok, Mr. X…you are CAPABLE of making $ ____, so your support is set at $ ____. He saw this in a case where a Dr. said he’d close his practice and work at McDonald’s so he wouldn’t have to pay as much.
Good luck to you!
What he claims as his marital status on his tax return is none of your business, the fact that he is allowed to claim both children on his tax return says to me that he has custody, so then you should be thankful he is paying you 25% of anything, it sounds to me like a lot of accusations because if you had real proof you would have a lawyer involved in this, it always seems to be about MORE child support, if the kids get 25% of his check and 25% of yours then I would say they are doing pretty well.
His new wife can not be held accountable for his child support, I know this because my husband has children from a previous relationship and my attorney said my income has nothing to do with his child support, we also just went for an adjustment for his support and they never asked about my income. As far as putting everything in his wife’s name, they can do what ever they want, it is very wrong to do that to his kids, but I don’t think legally anything can be done about it without solid proof. By the way I live in Lake County Illinois too so these l laws definitely apply
It’s tacky and wrong that they’re hiding money the way they are. Sadly, there isn’t anything that you can do about it. No, they cannot garnish her wages or anything for child support that he owes. Only his income as reported to the IRS is considered. If she is listed as the owner of the business, none of the assets or profits from the business can be touched for child support. Do you have primary physical custody of the children? If so, he shouldn’t be claiming the children as dependents. If you are contributing more than 50% of the expenses related to the children, you are entitled to claim them as dependents. If this is the case, you could report him to the IRS for filing a fraudulant tax return. This won’t, however, do anything to increase the amount of child support that you receive. But it will give you a break on future tax filings.
he can’t claim the kids if you have custody!!! so I thought. what an a-hole. I have 1 word for you sweetie, KARMA. You will be blessed 10 fold and I will pray for you and your kids.
I would talk to a lawyer, it sounds like some shady stuff is going on.