Should I hire a private investigator? Dealing with child support

Forums: Legal, Private Investigator, Parenting, Child Support
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Hi,
I am a male and I have paid child support for 15 years. My ex does not have a job and gets SSI. She claims she can not deal with public (so she said) I just found out that she has been working under the table and getting cash for two years. The problem I have is I have a good job and pay a lot of CS per week because she doesn't work. My question is if I get a private investigator and he/she proves she is working and if they can get her to admit to working there for two years, what happens next? Would a judge lower my support because she had had a cash flow coming in for two years? Would the judge take into consideration that she has been working for 2 years? She is playing the system and taking advantage of the high child support that me and another Man (she has another kid from a different man) is forced to pay. Does anyone have an idea how this would turn out? Would it be worth the money and time to hire a PI?

Thank You
By the way I live in Maryland

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View best answer, chosen by Solstice47

@Solstice47,

I don't believe child support has anything to do with her income at all. You would be wasting your money.

1 Reply

@Solstice47,

For whatever it's worth, I'd hire a PI. As to what the investigation info effect will be on a judge, that's a whole different matter. If I were in your place what I'd first consult with Legal Aid (free) organization. They're legal paralegals with the purpose of obtaining advice about what you're planning to do and see how they feel a judge might react.

The truth has to come out in order for your proper level of financial support to be attained. And as long as the PI does an ethical investigation I can see a positive outcome. I'd find the best ethical PI I could and good Legal aid is available in some where in MD. For starters, let Google be your guide as to where Legal Aid offices are and a list of PIs with some sort of rating and/or comments from former clients.

1 Reply

@roger,

Here committing tax fraud is a punishable breach of the law. The threat of impending IRS audit, wage garnishment and penalties is a strong bargaining chip. Getting her to negotiate with having to take her to court is of great value.

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@Ragman,

(typo) "without having to go to court"

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@Ragman,

Maybe you can get her convicted of tax fraud. What has that to do with a reduction in child support?

I have personally known two different men who took over the job of raising their children. You know, food, clothing, medical care, education - the whole shebang. They were amazed when their wages were garnisheed for back child support for the time the children were supported by themselves. That's how it is.

Oh, maybe he can gather evidence and extort her into agreeing to a lower support levels. Is that your proposal?

1 Reply

@roger,

Not to put too fine a point on this...I'm saying that if it were me, I'd hire an ethical PI, collect the useful tax evasion data..and then use that as a negotiating chip...and hopefully avoid a court battle.

Some people may want to negotiate if the provable evidence causes them the threat of IRS penatly and garnishment. Extortion is a highly hot button charged term. If revealing true tax evasion info gained through a PI...is extortion than so be it. Fight fire with fire. He is having his hard-earned wages taken away from him under false pretenses. She's stealing from him and he should up the ante. Any better solution offered?

That's my take on it.

1 Reply

You never negotiate on child support - that's your kid for crying out loud.
Nothing you pay, will be ever enough to raise a child. If your that concerned about money, try to gain joint custody or sole custody and see how much
a kid cost per month.

4 Replies

@CalamityJane,

pls read details closer ..there appears to be false pretenses here. Perhaps he's the sort of man that would not deny support directly given to benefit his son...but what if the ex wife is using the system to scam for her own personal gain, shouldn't that should be stopped?

2 Replies

@Ragman,

It's none of his business, Ragman!
What if she does and is convicted of tax fraud and has to repay thousands $$$ in back pay and penalties. She obviously doesn't have the funds to do so and guess who is suffering the most then? The kids, yes!

The guy paid child support for 15 years - 4 more and he's done!

1 Reply

@CalamityJane,

Though, I disagree, I refuse to be disagreeable. I respect your opinion. There is no sense in my continuing on because I'm not trying to sway opinions here. If someone commits fraudulent and unethical means in a legal contract, there should be justice. He isn't committing any illegality or fraud but she is. This is an issue that needs further investigation. I just am stating my viewpoint.

1 Reply

@Ragman,

No harm done. I am speaking as a mother, so I am bias Smile

1 Reply

@CalamityJane,

Being a mother you are also you are a person with a sense of fairness and justice. I bet you teach your child to have those values, too, If she is not declaring income and being deceptive while hiding cash under-the-table, why is she doing it (defrauding)? to hide her real income. The basis of the child support agreement is based on her actual income and her responsibility. she lies and cheats for a reason.

3 Replies

@Ragman,

It's generally based on the child's needs, and the means of the non-custodial parent.

0 Replies

@Ragman,

What if she needs income to supplement the child support she gets? I think it's a rare case where the child support ordered is enough to really care for the child/children involved.

Perhaps she should take him to court to have his support award increased so she won't need to work under the table.

Who knows what the true situation is? we don't. We know one part of a story from one person.

The only thing we can be fairly sure of is that the OP has a child to support. Hopefully he is paying an amount that truly covers the child's needs. That is what matters.

1 Reply

@Ragman,

Child support is supposed to be based on the needs of the child (and the income of the non-custodial parent).

Do we know if the OP has increased his payments over the years as the child's needs have increased? has his ability to pay been re-evaluated over the past 15 years?

2 Replies

@Solstice47,

Solstice47 wrote:

The problem I have is I have a good job and pay a lot of CS per week

good. Your child deserves to be supported in a way that reflects your income.

1 Reply

@ehBeth,

100% in agreement. I will say that so far I see no regrets or complaints from OP that he doesn't want to support his child properly. Nor is there any statement of the child hurting for anything in any way. However, that doesn't mean there's not a problem that is ongoing either. At best, this is incomplete report on the entire story.

1 Reply

@Ragman,

She's his ex for a reason too. My values are not theirs, but in a case like this,
I put the children first.

One question though: isn't child support based on the non-custodial parent's income alone?

Oh wait, every state has different guidelines. "In some states, child support calculation is based only on the income of the non – custodial parent. In other states both parent’s income is taken into consideration."

So, if his state calculates child support based only on his income, he has no leg to stand on.

2 Replies

@CalamityJane,

So it's wise for the Op to research the legal statute of his own state as regards child support. That should be something that he could Google, right?

0 Replies

Should I hire a private investigator? Dealing with child support

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