Question:

How can my ex still get state aid like Medicare and a Link card when I pay over $1,000 per month in child support?

Additionally, she works as a bartender and does not disclose all of her tip money. Would that have an affect on my support payments?

Answer:

How much opposing party can receive in public assistance depends on how your state calculates assistance for families and individuals. For clarification on this, you will need to discuss the issue with one of our licensed attorneys in your jurisdiction.

She may still be entitled to some state aid despite the receipt of support from you. In Pennsylvania, for example, it is the state that makes the custodial parent receiving assistance file for support so that the state can be reimbursed from the father or noncustodial parent.

As far as the calculation of what her income is in determining support and/or what assistance she should get from the state, that’s another issue all together. It is difficult to prove under the table income or cash income.

Consider consulting with one of our attorneys about how you can prove additional income to opposing party such as by subpoenaing her bank statements, reviewing her expenses and showing they are more than her income from support and assistance combine, thus inferring she has more income.

Proving opposing party’s income as a bartender will be difficult, but it is worth discussing to see if enough evidence can be gathered to prove this so you are able to potentially reduce your support payments.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Maura Boogay, contact Cordell & Cordell.