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Are my twins eligible to receive child support from their father & his wife?
Anonymous6 views3 answers
I have twins by a married man that works "under the table" & doesn't take care of his children on a consistent basis. I'm ready to open a child support case against him because what he gives me is barely enough to take care of one of them. How can I prove that he works & would his wife's income be factored in also?
Yes, your twins are eligible to receive child support from their father, but not from his wife. The wife's income is not much of a factor, if any at all. Regarding proving that he works, there are various ways of proving this: video or photographs of him working, testimony from others who see him work, copies of his bank statements to show his deposits at the bank, although this will be complicated by the fact that the wife probably deposits her income in the same account as him, but this might not be the case. In short, I recommend you consult with an attorney who can give you more detailed advice and help you take the most appropriate steps.
To add to David's brilliant response. Although it may take longer than going to a private attorney the office of child support can file an action for you for a cost of $25.
I agree with Mr. Mahood's and Mr. Koslow's responses. In addition to their suggestions, if a child support case is filed you can ask that the court impute (or credit) income to the other party if what he makes "on paper" is less than what he's capable of making. I would also recommend consulting with an attorney in regards to this matter. However, the court can only hold the other party responsible for child support back to the date that you file your case at the earliest.