How Can Child Support Be Collected From Someone Working Under The Table
  • Posted By Sirmabekian
  • 2024

Dealing with child support issues can be challenging, especially when the non-custodial parent is working under the table. This situation can make it difficult to track income and enforce payments. However, there are legal strategies and resources available to help you secure the child support your child deserves. In this blog post, we will explore how to collect child support from someone working under the table and the steps you can take to ensure compliance.

Revealing Under-the-Table Work

  • Definition

Under-the-table work refers to employment where earnings are not reported to tax authorities. This type of work is often paid in cash and not documented, making it difficult to prove income and enforce legal obligations such as child support. Workers in these situations do not pay taxes on their earnings and are not covered by employment laws that require wage reporting.

  • Challenges in Collecting Child Support

When a parent works under the table, their income is not visible through traditional channels such as payroll records or tax returns. This can make it difficult for the custodial parent to prove the non-custodial parent’s ability to pay child support and for authorities to enforce payment obligations.

Legal Strategies to Collect Child Support

  • Documenting Lifestyle and Expenses

Even without direct access to employment records, you can document the non-custodial parent’s lifestyle and expenses. Evidence such as photos of expensive purchases, social media posts, and statements from acquaintances can help demonstrate the individual’s ability to pay child support.

  • Requesting Imputed Income

Imputed income is a legal concept where the court assigns an income level to the non-custodial parent based on their ability to earn, rather than their reported earnings. This can be based on their work history, skills, and employment opportunities. If a parent is working under the table and reporting little to no income, the court can impute a reasonable income level for child support calculations.

  • Seeking Court Orders and Enforcement

You can request a court order for the non-custodial parent to provide financial documentation and statements. If they fail to comply, the court can enforce penalties, such as fines or even jail time. The court can also use various enforcement tools to collect unpaid child support, including garnishing bank accounts and placing liens on property.

Using State Resources for Enforcement

  • State Child Support Enforcement Agencies

Most states have child support enforcement agencies that can help locate non-custodial parents and enforce child support orders. These agencies have access to databases and resources that can track employment and income, even if it is not reported through traditional means.

  • Employing Legal Aid Services

Legal aid services can provide free or low-cost legal assistance to custodial parents seeking to enforce child support orders. They can help you navigate the legal system, gather evidence, and file the necessary paperwork to enforce child support obligations.

Exploring Alternative Methods of Enforcement

  • Using Private Investigators

Hiring a private investigator can help you gather evidence of under-the-table work and income. Private investigators can provide detailed reports on the non-custodial parent’s activities and finances, which can be used in court to support your case.

  • Leveraging Tax Authorities

You can report the non-custodial parent’s under-the-table income to tax authorities. While this may not directly result in child support payments, it can create legal pressure and consequences that may encourage the parent to comply with their support obligations.

  • Filing a Motion for Contempt

If the non-custodial parent continuously fails to pay child support, you can file a motion for contempt with the court. This legal action can result in penalties such as fines, wage garnishment, or even jail time for the parent who is not complying with the support order.

Protecting Your Child’s Financial Future

  • Consistent Follow-Up

Regularly follow up with child support enforcement agencies and the court to ensure that your case is being actively pursued. Persistence is key to ensuring that your child receives the support they are entitled to.

  • Seek Professional Legal Advice

Consulting with an experienced family law attorney can provide you with the best strategies for collecting child support from someone working under the table. An attorney can help you understand your rights, gather necessary evidence, and represent you in court to secure the financial support your child needs.

Secure Your Child’s Future with Sirmabekian Law Firm

If you are struggling to collect child support from someone working under the table, Sirmabekian Law Firm’s employment attorneys are here to help. Contact us today for a free consultation and learn how we can assist you in enforcing child support orders and securing your child’s financial future. Get in touch now to protect your rights and your child’s well-being.

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