QUESTION

How can I get Child support when the father work under the table most of the time?

Asked on Jul 23rd, 2012 on Child Support - New York
More details to this question:
I was married to an Illegal didn''t know he was only after the greencard. Everything changed right after he received his greencard, and we have one child. After we get a divorced he promised me that he would pay child support verbally. But he didnt do as he promised, now Im trying to get child support through the court. but he work under the table most of the times, and I know he is making at least 1000 dollars a week, and I dont really know where he is working, but I know where he lived. Please help me answer my question
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1 ANSWER

The Court will provide you and your exhusband with forms called Financial Disclosure Affidavits that requires you to both list your expenses and your income.  These documents are sworn statements about your finances.  If your spouse is lying about his income, it may be obvious when comparing his expenses to what he says he makes.  If you can show that he makes more money, even based on your personal knowledge of his employment when you were married, then the Court may impute income to him -- meaning the Court may believe your representation of his finances if it appears that he is not being completely forthright.  At minimum, the Child Support Standards Act provides that payors must pay at least $300/annual.
Answered on Jul 26th, 2012 at 9:40 AM

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