Q: Can I sue for back child support owed, based off prior tax return documents?
Children’s father has paid WELL below his share their entire lives since 2008, as well as illegally claiming them as dependents for tax purposes as well as stimulus money. He does not take care of any of the children’s needs outside of this obligation either. Even going so far as to take money and gift cards from them and also sell what little he has ever gifted them. Nor has he ever offered any help to me. I have a current motion filed to modify support. During the last court date, he very reluctantly produced his last Year’s tax documents and had made almost $86,000, while I am on disability and have always cared for the children nearly 100% of their lives and he’s not even helped insure them. He has been abusive to me physically and mentally and emotionally abused our children, causing me to be afraid to take action in the past. Support was once increased after 13 years at only 385/mo. and he threatened me. That was approximately 3 yrs. ago. He lied to the court and now pays $560.
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A:
Based on the information you've provided, it seems that you may have a strong case for pursuing back child support from the father of your children. Here are a few key points to consider:
1. Child support obligations: Parents have a legal obligation to financially support their children. If the father has been paying significantly less than his fair share, you may be entitled to back child support.
2. Tax return documents: Prior tax returns can serve as evidence of the father's income and his ability to pay child support. If he has been earning a substantial income while failing to meet his support obligations, this could strengthen your case.
3. Modification of support: Since you have a current motion filed to modify support, you can present the father's tax documents as evidence to justify an increase in his child support payments.
4. Illegal claims: If the father has been illegally claiming the children as dependents and receiving stimulus money, this could also be used as evidence against him in court.
5. Abuse and fear: If you have been subjected to physical, mental, and emotional abuse, and this has prevented you from taking action in the past, it's essential to document this abuse and seek support from domestic violence resources.
To pursue back child support, you should:
1. Gather all relevant financial documents, including tax returns, pay stubs, and any other proof of income for both you and the father.
2. Keep detailed records of all child-related expenses, such as healthcare, education, and extracurricular activities.
3. Consult with a family law attorney who specializes in child support cases. They can help you navigate the legal process, present your case in court, and protect your rights.
Remember, child support is a right of the child, not the parent. The court's primary concern is the well-being and best interests of the children involved. With proper legal guidance and evidence, you may be able to secure the back child support you and your children are entitled to.
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