NJSBA Family Law Section

List mates,

I have a post judgment child support enforcement/ upward modification case where the father is required to provide proof of his current income but claims he cannot and will not because of his [illegal] immigration status.   I represent the mother who is looking for an increase based on her substantially changed circumstances and she wants to collect on the significant arrears which have accrued over the past six months.  The father has a new child with his current girlfriend and stopped paying my client.  Probation cannot enforce the existing Order because he is stopped working on the books.   However, there is evidence that shows that he may still be employed using an alias name. 

He has refused to provide any proof of his income, W2, tax returns....to the court apparently for fear of criminal prosecution and deportation.  Instead he asks for special consideration to accept his stated income, which he says is 1/3 less than it was 2 years ago when support was originally calculated. 

I'm not sure where to go with this.  The court has been extremely lenient with this person.   I would greatly appreciate any thoughts on how to proceed to this bizarre scenario and any authority(s) or case law which may help.  The father is from El Salavador.  

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

Hi Val.  I dont think it's bizzare. if he can't or wont come forward with income information then a negative inference may be drawn.  It's not the obligors job to disprove claims of decreased income.

------------------------------
Brian Winters Esq.
Bradley Beach NJ
(732)774-1212
------------------------------


Original Message:
Sent: 06-22-2015 14:39
From: Valerie Hemhauser
Subject: interesting child support enforcement question

List mates,

I have a post judgment child support enforcement/ upward modification case where the father is required to provide proof of his current income but claims he cannot and will not because of his [illegal] immigration status.   I represent the mother who is looking for an increase based on her substantially changed circumstances and she wants to collect on the significant arrears which have accrued over the past six months.  The father has a new child with his current girlfriend and stopped paying my client.  Probation cannot enforce the existing Order because he is stopped working on the books.   However, there is evidence that shows that he may still be employed using an alias name. 

He has refused to provide any proof of his income, W2, tax returns....to the court apparently for fear of criminal prosecution and deportation.  Instead he asks for special consideration to accept his stated income, which he says is 1/3 less than it was 2 years ago when support was originally calculated. 

I'm not sure where to go with this.  The court has been extremely lenient with this person.   I would greatly appreciate any thoughts on how to proceed to this bizarre scenario and any authority(s) or case law which may help.  The father is from El Salavador.  

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

I forgot to mention this is on reconsideration.  The judge already denied my client's request to modify based on changed circumstances as well as her request to impute his income based on what he stated 2 years ago.   Statement of reasons very unclear.   We'd be in the appellate division if money was no problem.    

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------


Original Message:
Sent: 06-22-2015 15:58
From: Brian Winters
Subject: interesting child support enforcement question

Hi Val.  I dont think it's bizzare. if he can't or wont come forward with income information then a negative inference may be drawn.  It's not the obligors job to disprove claims of decreased income.

------------------------------
Brian Winters Esq.
Bradley Beach NJ
(732)774-1212
------------------------------


Original Message:
Sent: 06-22-2015 14:39
From: Valerie Hemhauser
Subject: interesting child support enforcement question

List mates,

I have a post judgment child support enforcement/ upward modification case where the father is required to provide proof of his current income but claims he cannot and will not because of his [illegal] immigration status.   I represent the mother who is looking for an increase based on her substantially changed circumstances and she wants to collect on the significant arrears which have accrued over the past six months.  The father has a new child with his current girlfriend and stopped paying my client.  Probation cannot enforce the existing Order because he is stopped working on the books.   However, there is evidence that shows that he may still be employed using an alias name. 

He has refused to provide any proof of his income, W2, tax returns....to the court apparently for fear of criminal prosecution and deportation.  Instead he asks for special consideration to accept his stated income, which he says is 1/3 less than it was 2 years ago when support was originally calculated. 

I'm not sure where to go with this.  The court has been extremely lenient with this person.   I would greatly appreciate any thoughts on how to proceed to this bizarre scenario and any authority(s) or case law which may help.  The father is from El Salavador.  

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

Hi Val.  I dont think it's bizzare. if he can't or wont come forward with income information then a negative inference may be drawn.  It's not the obligors job to disprove claims of decreased income.

------------------------------
Brian Winters Esq.
Bradley Beach NJ
(732)774-1212
------------------------------


Original Message:
Sent: 06-22-2015 14:39
From: Valerie Hemhauser
Subject: interesting child support enforcement question

List mates,

I have a post judgment child support enforcement/ upward modification case where the father is required to provide proof of his current income but claims he cannot and will not because of his [illegal] immigration status.   I represent the mother who is looking for an increase based on her substantially changed circumstances and she wants to collect on the significant arrears which have accrued over the past six months.  The father has a new child with his current girlfriend and stopped paying my client.  Probation cannot enforce the existing Order because he is stopped working on the books.   However, there is evidence that shows that he may still be employed using an alias name. 

He has refused to provide any proof of his income, W2, tax returns....to the court apparently for fear of criminal prosecution and deportation.  Instead he asks for special consideration to accept his stated income, which he says is 1/3 less than it was 2 years ago when support was originally calculated. 

I'm not sure where to go with this.  The court has been extremely lenient with this person.   I would greatly appreciate any thoughts on how to proceed to this bizarre scenario and any authority(s) or case law which may help.  The father is from El Salavador.  

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------

List mates,

I have a post judgment child support enforcement/ upward modification case where the father is required to provide proof of his current income but claims he cannot and will not because of his [illegal] immigration status.   I represent the mother who is looking for an increase based on her substantially changed circumstances and she wants to collect on the significant arrears which have accrued over the past six months.  The father has a new child with his current girlfriend and stopped paying my client.  Probation cannot enforce the existing Order because he is stopped working on the books.   However, there is evidence that shows that he may still be employed using an alias name. 

He has refused to provide any proof of his income, W2, tax returns....to the court apparently for fear of criminal prosecution and deportation.  Instead he asks for special consideration to accept his stated income, which he says is 1/3 less than it was 2 years ago when support was originally calculated. 

I'm not sure where to go with this.  The court has been extremely lenient with this person.   I would greatly appreciate any thoughts on how to proceed to this bizarre scenario and any authority(s) or case law which may help.  The father is from El Salavador.  

------------------------------
Valerie Hemhauser Esq
Red Bank NJ
(732)842-9993
------------------------------