Not Reporting Income To Avoid More Child Support

by A concerned Mom
(USA)

My ex is deliberately not reporting all of his income. He receives w-2s as well as 1099s to report on his income tax return. He does not report the 1099s. When the court as well as my lawyer asks to view his tax returns, those returns do not show 1099 income but I know it exists. I've contacted one of the businesses that has supplied him with a 1099 for income he received and received response showing income he has not reported.

He ex has not acknowledged this income to us or the courts. While married to him, he always wanted to file his tax returns ASAP and not show the 1099s because he had to pay taxes on those 1099s. He'd receive a return on the w-2 income and wait until the government came after him for the taxes owed on the the 1099s.

Now that we're divorced (since 2005), he has refused to show me his tax returns stating it's none of my business despite that being part of the divorce decree - that we exchange tax returns annually. Last year he took me to court to reduce child support citing a significant decrease in income and wanting additional placement.

This is currently still ongoing. He has threatened these actions for years if I do not give him more placement. He has argued that he wants 50% placement to avoid paying any child support. After filing for reduced support and increased placement, he told me that if I do not agree to his demands, that I will be the one responsible for dragging my kids through the system. I didn't give in, he has told the kids it's my fault they have to see our appointed guardian ad litem. I am extremely uncomfortable giving him more placement and feel he is constantly trying to strong arm me into giving in and now telling me and my kids that this is all my fault.

He tells the kids that I am taking his money and that anything we do or purchase is "on his dime". I don't want additional child support from him, I have never taken him to court to increase child support. In fact, fool that I am, to avoid "rocking the boat", I have agreed for years to receive less than is he is legally obligated to give us. I know that if I can get a judge to order him to show the court his true annual income by supplying the court with documentation from the IRS of his annual income for the past 5 years. I know that these annual amounts will differ dramatically from what he shows on his tax returns prepared by a local preparer.

I need to prove that his credibility is nil, that his sole reason for increased placement is to lessen child support and ultimately stop any child support. He is outright lying to the courts yet no one will believe me when I know from experience that this is what he does. I am willing to show the same proof of earned income from the IRS, why isn't he? Some background on me, I was a stay at home mom once we had kids. I was always grateful I had that opportunity while he bragged that he could support all of us, I didn't need to work. Once I filed for divorce, he insisted I was the one that refused to get a job which was completely untrue.


Once I was going through divorce, I finished a two year degree and obtained full time employment which was quite a feat during these tough economic times. While going through divorce, he paid what he wanted for child support, not what he was ordered. We had friends and family bringing us groceries while I struggled to pay bills and cringed every time a bill collector called - all day long. Not once did I go on any form of state or government assistance. We never got the arrears built up prior to the final divorce and he was ordered to pay family support for two years. This amounted to what the state requires for child support and a little more for me BUT I had to pay taxes on all of it. That meant we received what equalled state guideline amounts for child support.

After family support for two years, we began receiving child support but in the amount that was as if I was employed full time but I wasn't. I kick myself every day for taking the high road and shortcutting us to avoid making waves for my kids' sake with their father. Apparently that wasn't good enough for him. He is also fighting contempt charges for not removing me from the marital mortgage and paying off the marital debt. I gave up the marital property in exchange for him taking the marital debt (nearly all created by him). He had equity in that mortgage but squandered his earnings and failed to improve his credit.

I think he doesn't want me off this mortgage because the rate is great. If he obtained a new mortgage, he could pay the marital debt and have some to spare! He doesn't pay the mortgage on time, he's consistently a month or more behind. He is constantly damaging my credit. No matter what, it seems this guy won't let me move on with my life and he is successfully convincing the courts that he is doing the best he can. As of now, I must remain on this mortgage and can't do anything because this is destroying my credit! As I already said, I need to prove this person has no credibility. I feel everything about this person is about him relinquishing control over me. The more independent I am, the more he does to keep me reeled in. GRRRRRRR.