My ex requested a child support review, and now they’re reducing his payments by hundreds and lowering his back pay by about half. He has a history of only reporting his W2 job, which is in child care, but I suspect he has other 1099 income he’s hiding. I’ve hired a lawyer in the past to prove this, and I’m debating whether it’s worth going through the process again. If my lawyer finds the same info as my ex provided, would it even be worth it? What would you do in this situation?
Yes, hire a lawyer. Ask them to file a petition for discovery and request his W2s, tax returns for the last two years, and bank statements. If he’s hiding income or working less to reduce child support, it’ll show. You can also request 50% daycare tuition and arrears. He needs to learn he can’t lie to the court!
@Rin
Thanks! That’s a good point about requesting his bank statements. I’ll talk to my lawyer about getting this started.
As frustrating as this is, you might have a hard time proving it in court, and the cost of hiring a lawyer could be more than what you get in child support. It’s a tough call, especially if your ex is good at hiding things.
@Zara
That’s what I’m worried about. It feels like a gamble, and I’m not sure it’ll be worth the money.
If your child will benefit more from the extra child support, then go for it. But if the cost of the lawyer outweighs the amount you’ll get in support, it may not be worth it.
Natalie said:
If your child will benefit more from the extra child support, then go for it. But if the cost of the lawyer outweighs the amount you’ll get in support, it may not be worth it.
That’s a good point. I’ll have to think about whether it’s financially worth it in the long run.
I had a similar case and my lawyer only charged $1,500 for the retainer. We pulled his mortgage info, bank accounts, W-2, and car note. He had to pay the attorney fees in the end.
Caelan said:
I had a similar case and my lawyer only charged $1,500 for the retainer. We pulled his mortgage info, bank accounts, W-2, and car note. He had to pay the attorney fees in the end.
That’s encouraging! I’ll look into retainer fees in my area.
If your ex is getting paid under the table, it’s going to be hard to prove. You could report him to the IRS instead—let them do the digging. If he gets audited and they find something, you can use that for a child support modification later.
@Drew
I didn’t think of that! Reporting him to the IRS might be a cheaper route. Thanks for the suggestion!