lisa51902
recently joined
Reged: 07/30/12
Posts: 5
Loc: Ohio
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My ex and I divorced in 2008. We have 2 children together. Initially I had custody of both children and was receiving $600/month in child support from him and I provided the medical/dental coverage. About 18 months ago one of the kids moved in with him and everything changed. The attorney that we used for the modification was the same attorney that represented him in the divorce; though he assured me he was working for both of us on the modification. I agreed to this because it seemed like a fairly easy process and it saved both of us money since we split the cost. The modification not only gave him custody of our younger son but he no longer pays me any child support. Now I pay him $130/month plus I still provide the medical/dental coverage. Needless to say I was floored when saw the revised support order. My gut told me to consult another attorney to assure I wasn't getting screwed but I didn't because I just can't stand the conflict with my ex and wanted the modification to be resolved. And when I went downtown to get a copy of the modification I saw that the attorney only signed the line indicating that he represented my ex and it appeared I had no representation. I thought that was kind of shady!
A little background on my ex - he has worked at the same company for 15 years. His boss always paid him a portion of his paycheck under the table. After our divorce he moved in to a house owned by his boss. I am fairly certain that he is still getting paid some money under the table and that somehow he is working "off the books" to pay his monthly rent. I truly believe that his paycheck reflects less than half of his income. I once suggested that to him and it totally set him off, he was furious at the suggestion.
A little background on me - I also have a child that is not biologically his. I receive no child support for her whatsoever and I have never tried to.
A few weeks ago I ran into a family member of his and we chatted for a while. She was in complete shock when I told her about the child support situation and she strongly advised me to hire an attorney and resolve the matter.
I usually avoid all contact with him because even just speaking to him is more than I can handle. So I'm just trying to decide if hiring a lawyer will really be worth it for me in the long run or if it will be more hassle and frustration than it's worth.
Sorry this is so long... I would truly appreciate any advice you could give me. Thanks, Lisa.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7783
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Well the attorney did only represent your ex and you're at a point where you have an existing order that you want to change. How old is the order?
If he's working under the table, it's hard to prove and it's possible you'll be stuck using the income on paper. It's not fair, but it is what it is. If he is getting free rent in exchange for his work, that can be considered income but you have to prove it. If you can prove he gets money under the table, maybe you have a chance.
You should consult with an attorney, sometimes they do a free or a cheap consultation to tell you if you have a case. That is where I would start.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6453
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"A little background on my ex - he has worked at the same company for 15 years. His boss always paid him a portion of his paycheck under the table. After our divorce he moved in to a house owned by his boss. I am fairly certain that he is still getting paid some money under the table and that somehow he is working "off the books" to pay his monthly rent. I truly believe that his paycheck reflects less than half of his income"
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If I were the judge, I wouldn't be too sympathetic to your NOW complaining that your ex is hiding income when you KNEW he did it for years and was fraudulently hiding income from the government.
You might do better focusing on the value of the 'free' housing as additional income.
The matter has been resolved. If it has not been resolved to your liking, call a lawyer to fight for you.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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"it appeared I had no representation"
A tip about lawyers: If YOU don't pay them, they DON'T work for you. Why would you assume the lawyer he was paying $300/hour and you paid $0/hr gave a rats rear about you?
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lisa51902
recently joined
Reged: 07/30/12
Posts: 5
Loc: Ohio
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The order is 18 months old. When I was initially going through the divorce I couldn't find an attorney that would do a free consult and I ended up paying $2000 for less than mediocre representation. But I guess it doesn't hurt to make some phone calls and see. Thanks.
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lisa51902
recently joined
Reged: 07/30/12
Posts: 5
Loc: Ohio
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After our divorce he was adamant about things having changed with his employer. It wasn't until I ran into a member of his family a few weeks ago that I realized he was getting over on me.
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lisa51902
recently joined
Reged: 07/30/12
Posts: 5
Loc: Ohio
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We both paid him $300 for the work he did on the modification and he assured me he was mutually working for both of us...
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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Lawyers always only have one client. They will tell you they are working for both of you but they NEVER are. You probably paid half of what it cost to file everything, but didn't pay him to represent you.
Yes you need an attorney to help you. Preferably one that is not associated with your x.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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