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Ely
Ely, Counselor at Law
Category: Family Law
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I have been divorced for 2 years. Per the courts judgment,

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I have been divorced for 2 years. Per the court's judgment, my ex husband and I share physical custody of our two minor children; they live with me (86%) and he picks them up every other weekend (14%). I am thinking of moving from Northern California to Southern California and want to know if I can do that legally. Also, my ex husband was ordered to pay child support of $730 per month beginning 9/1/10, but has never paid. He says he's not working, but I know he is. I think it's under the table. Child Support Services are involved with that issue, but there hasn't been much movement. Is there anything I can do?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

RELOCATION
Under Colorado Revised Statutes Ann. Stat. 14-10-129(1)(a)(ii), you have to let him know of your intent to move as soon as possible when you know for a fact that you would be moving.

If so, then he has the ability to object in court if he wants to. If he does, the Court will hear about the relocation and decide "in the best interest of the child." In Re: Marriage of Cielsuk, 113 P.3d 125 (Colo. 2005). However, the Judge normally allows the custodial parent (i.e. you) to go, assuming that there is at least a reasonable element such as better school, new job, more family, etc.

So yes, you can - one simply has to give the other spouse notice first. But even if he challenges it, most custodial parents who wish to move survive the challenge.

CHILD SUPPORT
Also, my ex husband was ordered to pay child support of $730 per month beginning 9/1/10, but has never paid. He says he's not working, but I know he is. I think it's under the table. Child Support Services are involved with that issue, but there hasn't been much movement. Is there anything I can do?

It is very hard to prove when someone is working under the table. Unless you literally have a Private Detective investigate, it is hard to get direct evidence. One option is to subpoena his BANK account. He may be paid in cash, but, he likely puts his money into a bank. By subpoenaing his bank account, you could expose the money that he has (or at least some of it) and force him to admit where it is coming from.

I hope this helps and clarifies. Good luck.

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Customer: replied 4 years ago.


Thank you.


 


Re: moving, that's what I thought, but just needed confirmation.


 


Re: child support, I do not think he has a bank account. He has been living with his mother since we separated 3 years ago, and not only is she enabling him, but I think she also helps him keep things off the books. It is frustrating, especially since she was a single mother as well and has been through the same thing.


 


CSS has filed an OSC motion set for hearing on 6/18 ordering him to explain why he's not working, etc. What happens at this type of hearing? What if he doesn't show up?

Shawn,

Thank you.

You are most welcome!

Re: moving, that's what I thought, but just needed confirmation.

Understood.

Re: child support, I do not think he has a bank account. He has been living with his mother since we separated 3 years ago, and not only is she enabling him, but I think she also helps him keep things off the books. It is frustrating, especially since she was a single mother as well and has been through the same thing.

How frustrating. I must say that it is very hard to prove income if he lives with this mother, gets paid in cash, and has no bank account. One would literally have to photograph/videotape him at work to get proof of his employment.

But note that even if he is unemployed, he still has to pay child support! Until/unless he convinces the Court to lower it due to his unemployment, he has to pay the amount ordered. And, the Court may refuse to lower it if it believes that he is working, or, is underemployed on purpose to avoid paying more support.

CSS has filed an OSC motion set for hearing on 6/18 ordering him to explain why he's not working, etc. What happens at this type of hearing? What if he doesn't show up?

GOOD. At that type of hearing, the Court will quiz him on his employment. If he is found to be lying then or later, he may be held in contempt (admonished, fined, imprisoned). If he does not show up, a warrant for his arrest may be issued.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 4 years ago.


Thanks!

You are very welcome, S. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
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