My ex remarried to a man who has his own business and has several vacation homes near a beach resort in South Carolina. My ex has not worked since our PSS hearing four years ago. However I believe my ex is getting substantial assistance from her now husband (married since march 2011). In particular we believe that she has been getting her rent, utilities, car expenses, phone, and even my sons medical bills paid for by her now husband over the past couple of years. My questions are -
- Would the above constitute income if she was receiving this assistance prior to marriage? If not, why?
- If this is counted as income can I go after her for hiding it from me? Would it be possible make her repay the difference of what she was getting to what I actually should have been paying on a monthly basis in child support (i.e. getting compensated retroactively).
- Since my ex is now married to a man that has his own business and multiple vacation homes wouldn’t it be fairly easy to get paid under the table by her now husband and just now file a w-2? Given this fact how would you determine what is compensation and what is not? We have requested her bank statements for the past two years.
- My ex was given a letter explaining the above by me back on July 29th which also contained the calendar call date but she failed to even acknowledge that she even received the letter up to and including the calendar call day. As expected, my poor ex and her husband were not at the calendar call - only there attorney. The judge stated that he would not delay the trial for discovery as the defendant has been aware of the calendar date for several months. Given that the defendant has refused to work with us and if we can prove that she has been hiding income what could the court do to her?
Thanks in advance!