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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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MY COUSINS EX-HUSBAND OF 9 YEARS HAS PUT A PETITION TO LOWER

Resolved Question:

MY COUSINS' EX-HUSBAND OF 9 YEARS HAS PUT A PETITION TO LOWER CHILD SUPPORT FROM $1200.00 PER MONTH. HE HAS A CASH BUSINESS /owns A GARAGE. TOOK HIS NAME OFF AS PRESIDENT in 07 AND CLAIMS HE HAS NO ASSETS AND HAS AN ANUAL SALARY OF 12K PER YEAR. HE SOLD OUR HOME FOR 1.2M TO HIS BROTHER-N-LAW AND I NEVER RECEIVED PORTION FROM DIVORCE SETTLEMENT. HOW CAN MY COUSIN FIND OUT HIS FRADULENT DEALINGS? SHE IS SICK AND ON MEDICAID WITH LIMITEED FUNDS? SECONDLY, CAN HE GET THE CHILD SUPPORT LOWERED AND WHAT MEANS CAN HE USE FOR THE JUDGE TO AGREE? DOES MY COUSIN HAVE TO SHOW HER ASSETS? HE USES HIS BROTHER-N-LAWS ATTORNEY TO COME UP WITH FRADULENT NUMBERS. the bother-n-law served 3 years if fed prison from money laudering and stock manipulation
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Before a person can get child support lowered, they have to show a material change in circumstances. A change in income might qualify, but it typically has to be pretty substantial. If he's claiming poverty, the mother has the option of showing substantial assets and any other information she has that shows that he is not being honest about his ability to pay.

Child support is based on income. The custodial parent's assets typically wouldn't come into play except in a situation where she was claiming no income and she has significant assets that provided income to her, or something like that. Since child support isn't need-based, she doesn't have to show low income before she is able to claim the money that the children are entitled to.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

WE KNOW THAT HE CHEATS OH HIS TAXES. HE SOLD AN EARLIER GAS STATION FOR 100K. WHAT CAN BE DONE BY HER BECAUSE HE HAS NOT PUT MONEY INTO A COLLEGE FUND, HAD NOT OPENED AN INSURANCE POLICY IN HIS NAME AND BOTH ARE IN THE DIVORCE DECREE. SHOULD SHE OPEN A CASE WITH THE NYS CHILD OFFICE SINCE SHE HAS LIMITED FUND TO SURVIVE? WHAT CAN BE DONE TO " GO AFTER HIM " SO TO SPEAK SINCE HE IS CLAIMING CHURCH POOR BUT GOES HUNTING WITH DOGS HE OWNS AND NEEDS TO FEED AND HOUSE?

Expert:  Lucy, Esq. replied 1 year ago.
She can report him to the iRS, and they will investigate.
http://www.irs.gov/Individuals/How-Do-You-Report-Suspected-Tax-Fraud-Activity%3F


If he is ignoring things that the court order tells him to do, she has the ability to go back to the court and file a motion for Contempt of Court. The state only enforces monthly support payments, so they won't sanction him for other violations. She can, however, ask them to help collect the payments that the father is supposed to be making.

When people are in court because of child support, each party can introduce whatever evidence they have of the other parent's financial situation. She could have someone testify that he's spending money on dogs instead of the children and that he goes hunting every weekend. She can ask him about those things while he's under oath. Then, if he lies, she has the ability to bring in other evidence to show that he's lying.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 21080
Experience: Attorney with experience in family law.
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