I live in VA and my daughters dad lives in Baltimote.He is reuired to pay 280/month in child support. Since April, he has not. In july i received a check for 8. He started his own home inspection LLC company and says that bc he has his own business,he got his payment lowered(I am assuming he told them hes not working but i gave them the name of his company)Isnt he required to tell them hes working?Isnt he required to report his income? Is there a way for him to HAVE to report ACCURATE income? And if he does not pay why isnt he in jail? Please help. He has been getting over on cs for 6 years and they could care less.
1 Answer from Attorneys
First of all, there is no way your daughter's father could have gotten the amount of his child support reduced unless he filed a court petition for modification, which he would have had to serve on you by a process server or certified mail. Then there would have been court proceedings in which you could have participated, and could have obtained an attorney to represent you. Unless you were served with such papers and ignored them, or he falsified an affidavit that he did serve you with court papers, this couldn't happen. In the course of such a proceeding, you would be entitled to require him to document his income, and if he was earning less than he was capable of, you could have argued that to the court to support retention of his existing support requirement. He is required to keep the child support enforcement office informed of his employment situation. You need to consult with a MD attorney who can represent your interests. If he is in violation of a court order, he can be held in contempt of court and ordered to pay. Incarceration is a possibility although in practice it's not often used in these situations.