Question asked on Aug 01st, 2015
Q: My ex is in the arrears $30K and currently hasn’t paid child support for 4 months. Letters from the Family Support Division have been sent to him demanding payment on or before July 31, and I believe the DMV has been informed in regards to suspension of his license. If failure to comply, what happens next? Arrest? Court hearing, and if so, will child support be reduced? Child support was reduced 50% almost 2 years ago when he informed the court he was unemployed (which wasn’t the case). He currently owns two businesses, but one of them is in his partner’s name. I’m financially struggling, my daughter has medical issues, I don’t have the means to take him to court, and question the constant delays in this entire process. Thank you for your time.
A: Actually, if you are owed over $30,000 in support arrears, and your ex is lying about his income, you probably cannot afford to NOT hire private counsel to take him back to court. The D.A. process is notoriously slow, inefficient, and lackadaisical, and you will not receive correctly-calculated interest, penalties, or attorney’s fees. For a discussion of most of those things, see the information posted and referenced at https://www.willicklawgroup.com/child-support/.
Only private counsel will be able to get to the root of who-owns-what as to the corporation (the D.A.’s office will not investigate, will not subpoena bank or other records, and essentially does not care). Proving someone was NOT unemployed requires getting, reviewing, and submitting bank and credit cared information. Not simple, but normal operation for a family law specialist.
On “medical issues,” support can be deviated upward, depending on the facts; additionally, speak to qualified counsel as to whether the child is “handicapped” within the meaning of the law as to getting an order for post-majority support.