HomeChild SupportAvoiding Paying Child Support
Posted in Child Support on 26th March 2011

Avoiding Paying Child Support

Article by DadsDivorce







Question:

Within a week of separation, my wife moved in with her boyfriend and his son. She is using his expenses on her financial declaration to avoid paying the actual amount of child support that she will be required to pay. Does she have to show proof of her expenses?

She does not have anything in her name, and actually has no expenses other than the normal, i.e. food, clothing, etc. She works for my family and a vehicle is provided for her of which they actually pay the auto payment, taxes, insurance, maintenance, and fuel.

What do I need to do to present a solid, strong case against her and her lack of regard towards her children?

Answer:

I must preface my answer that I do not practice in South Carolina.  Each state has different laws governing child support.  It is important that you contact a domestic litigation attorney licensed in South Carolina prior to taking any action.   Each state has child support guidelines that are unique to it.  You should consult the support guidelines of South Carolina to verify the criteria used for calculating child support.  With that said, in most states income of the party, number of children supported, and amount of visitation are the criteria used for determining support.  In most states expenses are not a factor in determining child support. Income is an important consideration.  Since she works for your family’s business, it should be easy to verify her income.  If she has been ordered to pay an amount of child support and refuses to do so, she can be held in contempt.  If she wants to petition the court to lower this amount, she must show that her income has lessened which would justify why she cannot meet the obligation that is currently in place.  What she does with her expenses has no bearing on her support obligation.  As stated earlier, you should consult the support guidelines of South Carolina to verify the criteria used to calculate support.



About the Author

<em>Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.</em>


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