Child Support

[toothfairy81]

Hello,

Background:
Ex left matrimonial home 2011 Child aged 1 - Ex disclosed verbally income in 2014 as $30K. CS based upon honest disclosure. CS stopped as of April 2016.
2013, 2014, and 2015, disclosed from Ex lawyer, along with guesstimated 2016 income @ $46K.

I've requested through an offer to settle, that retro-active CS from the date ex left matrimonial home be forwarded.(Amongst other child related components and to included a reasonable level of access for the ex especially during summer month)

Questions:
1-To what benefit would an ex have, to NOT follow the guidelines of child support due for a child?
2- FRO or not FRO? Arrears look at approx. $20K
3-Falsely disclosing income would be to what benefit?
4-Should the Offer to Settle not be acceptable, have a judge decided?

Thank you for any and all advice.

[rockscan]

1. No benefit. Its blameworthy conduct and they would be dinged with full CS retro amounts and possibly court costs.

2. FRO if they dont plan on paying.

3. Again, no benefit especially if they get caught.

4. If they refuse the OTS then youll need a judge.

You have filed a motion for support? Has your lawyer requested full disclosure via NOA and taxes? That should be the first thing requested. Did you request it annually? Make sure you have those written requests.

Theres a case from the supreme court that outlines the blameworthy conduct. If a payor knows their income is not right and does not disclose it honestly, they are conducting blameworthy conduct and subject to arrears and potential court costs.

[toothfairy81]

Thank you for your comments rockscan.

Yes I have filed a motion for support.
Yes my lawyer requested full disclosure via NOA and taxes
Yes I have request it be reviewed annually.

Thank you very much for the information regarding conducting blameworthy conduct and subject to arrears and potential court costs. Knowing that at this time there are two incomes that the ex has, yet only chooses to disclose one of the two incomes, which again essentially does not accurate disclose CS.

[rockscan]

If you can prove he has a second income then request disclosure again. Otherwise its a lost cause. Hes only hurting himself!