Q: My child's father intentionally started working under the table, can he get support lowered and can my mom be a witness.
2 1/2 months ago my daughters father(we'll call him 'J') got fired from his job intentionally to bypass child support by not showing up to work. I now know from second hand that he is working under the table. (My mom received a call from J's mom, she asked if my mom had heard from him and was hesitant to say that he didn't show up for work that day). Since he voluntarily didn't show up for work and got fired at his previous job, and started working under the table(where he's obviously not been so good at showing up to either) is there any way for him to get childsupport lowered? If he files the modification of support will I get the opportunity to respond to the petition/schedule a hearing and will I be able to call my mom to the witness stand?
A: The fact that he got fired doesn't automatically lower his support obligation. It will continue until the court orders a change. If he files to modify the support you can certainly argue that his past work history proves what his minimum earning capacity is. The court is likely to continue the support at the level ordered unless he can come up with a good argument why his reduced earning situation is permanent and not an intentional attempt to avoid support. Courts are aware of the games that people play and they don't allow people to get away with such shenanigans. But be prepared to offer witness testimony to prove what you suspect. Remember that you can subpoena witnesses such as the people he now works for under the table and the court clerk will issue subpoenas at your request. You can also prove people have illicit sources of money by getting their financial history and questioning them as to how they are paying for things that are obvious or that show up on their credit card or bank records.
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