Support Modification - Need To Prove Ebay Income

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Karen1971

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Divorced in 2001 - receive support for 2 children. Ex-husband has remarried and has two additional children with his 2nd wife, in addition to adopting her oldest child from her previous marriage. Always received support fine until spring 2009.

Ex files to have his support lowered, claiming I make more and he makes less (than back in 2001). My income has increased a little bit but not enough to meet the 10% requirement to have it lowered. He went from $42,000/yr to $38,000/yr. Then ex loses his job altogether (by his own fault, not due to the economy) and I have received no support since September.

We've gone through mediation and are now scheduled for court in 2010. He has since accepted a PT position making $9/hour but I haven't received any back child support (he just started his new job).

I have found his wife selling on Ebay, making anywhere from $1,200 - $3,600 per month (and probably more - that is based solely on what I can estimate from her feedback). She buys items in bulk for cheap from Ebay and then turns around and re-sells them for a higher price - I can prove that.

It is my belief that they are living off this income, which is why he hasn't been trying to get a job paying similar to what he was making before. They also recently received a settlement from his wife's last employer. I feel like they are taking advantage of the situation - living off money that is not reportable, making it look as though his income is extremely limited, when in fact, they're making tax-free money from Ebay.

I have confronted him with this and he states that is his wife's business, not his and her income isn't taken into consideration with a modification.

Is there a way for the courts to get Paypal or Ebay records ... how do you go about something like that?
 
He is right. She doesn't owe you child support, he does. You will not be allowed to delve into her business.
 
While I agree with you, HE owes me support -- if the "business" is run from their home, using their home computer, both are running to the post office to deliver items, who is to say it's solely "her business" and not "their business" - considering he's not working and that was the only means of income for over 3 months (yet they have a new SUV and furniture).
 
Still she is not required to support your kids. it does not matter who's computer she is using, her income does not matter plus you have no idea how much she makes as a profit on ebay. Her income does not count. You need to go after your ex for support, not her. You can argue that he is underemployed and see if you have any luck going that route.
 
This isn't an unusual problem. If you had an attorney he/she would depose your ex-husband and his new wife. If either of them admit that he works with her in the ebay business then you MIGHT be able to impute some of the income to him.

Duraine is correct. Your best means of getting support is to show that he is "underemployed:" in other words that he is capable of making more but refuses to. If a Judge agrees he will impute income to your ex and base childsupport on that.

Good luck.
 
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