Legal liability question

[StarHead69]

It has come to my attention that the wife's ex has been getting paid under the table for years in order to avoid garnishment of child support. IMHO any company willing to do this is guilty of fraud. My question is this: Is the company not also guilty of aiding and abetting?

The money isn't the issue. It admittedly would have made life a little easier for the last fifteen years, but we raised two of his kids without his help. I am just infuriated that a man can not file taxes for 15 years, avoid his obligations, and that a decent sized company has been willing to help him cheat the system... and two innocent children that should have had some more of the better things in life.

 

[TheKey]

It certainly sounds like fraud, but you being a third party in the eyes of the law probably can't do much about it.

The IRS has an anonymous tip page on their website where you can turn in individuals/companies for tax fraud.

 

[dogunwo]

My advice would be to move on. The fight and the headache that comes with this situation ain't worth it.

 

[ABQCOWBOY]

Sorry to say, you are now a member of a very big club. I agree with dogunwo, it's probably best to just move on.

 

[Tabascocat]

Good luck, you will never see a dime. My sister has a kid from a no-good father who can't hold down a job. He will not work because of the support that would be taken out so he lives with his parents and plays video games.

It has now been 8 years and she is still waiting on any money which the courts don't seem to want to cooperate. It is appeal after appeal after appeal of her lawyers trying to show him as a loser and to pony up.

My advice is to let it go, it will get expensive on your part and yet there is a good chance you still will not get paid back payments.

 

[Silver Surfer]

It certainly sounds like fraud, but you being a third party in the eyes of the law probably can't do much about it.

The IRS has an anonymous tip page on their website where you can turn in individuals/companies for tax fraud.

While a scorched-earth approach to this situation may prove cathartic in the short term, the broader implications may be devastating to the other employees of the company and, by implication, damaging to you and the children.

If you have proof of your assertion, have you considered having an attorney approach the company in question? They may prefer settling with the children to settling with the IRS.

 

[TheKey]

While a scorched-earth approach to this situation may prove cathartic in the short term, the broader implications may be devastating to the other employees of the company and, by implication, damaging to you and the children.

If you have proof of your assertion, have you considered having an attorney approach the company in question? They may prefer settling with the children to settling with the IRS.

I'm not a lawyer, but I do't think the company is on the hook for the child support. I'm sure they have some sort of contracting agreement with this guy and the agreement says it's up to him to pay the taxes. Unless they are swaping breifcases...

 

[Silver Surfer]

I'm not a lawyer, but I do't think the company is on the hook for the child support. I'm sure they have some sort of contracting agreement with this guy and the agreement says it's up to him to pay the taxes. Unless they are swaping breifcases...

No, but they may want to keep the fact they're helping an employee skirt the law as well as possibly not collecting taxes for the government quiet. In any case, I'm pretty certain no company wants the IRS snooping around its books looking for something.

 

[joseephuss]

I'm not a lawyer, but I do't think the company is on the hook for the child support. I'm sure they have some sort of contracting agreement with this guy and the agreement says it's up to him to pay the taxes. Unless they are swaping breifcases...

Sometimes the money is garnished from the person's paycheck. If the company is purposely and knowingly avoiding garnishing their employee's paycheck and instead are paying that employee under the table then that company could be in trouble for circumventing court orders. That is a lot to prove. I'd report it to some attorney or authority. As others have already mentioned don't plan on seeing any of that money. Set budgets based on not having any of those payments. Just treat it as extra cash if any of it is ever seen.

 

[TheKey]

No, but they may want to keep the fact they're helping an employee skirt the law as well as possibly not collecting taxes for the government quiet. In any case, I'm pretty certain no company wants the IRS snooping around its books looking for something.

Probably, but as you said the OP would have to have hard proof and the fish would have to at least be keeper size for the IRS to give a dang. I would be surprised if the company knew what the guy was trying to avoid and was helping him out.

 

[Runwildboys]

While a scorched-earth approach to this situation may prove cathartic in the short term, the broader implications may be devastating to the other employees of the company and, by implication, damaging to you and the children.

If you have proof of your assertion, have you considered having an attorney approach the company in question? They may prefer settling with the children to settling with the IRS.

Excellent points and advice.

 

[Mountaineerfan]

Sounds like the only thing is tax fraud.

 

[Ranching]

It has come to my attention that the wife's ex has been getting paid under the table for years in order to avoid garnishment of child support. IMHO any company willing to do this is guilty of fraud. My question is this: Is the company not also guilty of aiding and abetting?

The money isn't the issue. It admittedly would have made life a little easier for the last fifteen years, but we raised two of his kids without his help. I am just infuriated that a man can not file taxes for 15 years, avoid his obligations, and that a decent sized company has been willing to help him cheat the system... and two innocent children that should have had some more of the better things in life.

Don't blame you for being upset, personally i'd leave it only. I do, however, hope those two kids appreciate what you have done for them and what he has not.

 

[dogunwo]

Sounds like those kids are teenagers now. What you could do is anytime they need money for something outside of generally being taken care of, refer them to him, if he has any type of relationship with them. If he actually has money and gives a hoot about those kids he will pony up. If he doesn't care and never gives anything then he could suffer the greater shame, which would be not being respected by your kids. Far more painful long term than anything the court could do. They could see for themselves the difference and further appreciate what you have meant to them.

 

[Idgit]

I'd go after the child support, because, screw that guy. If you can prove that child support is legally owed, the extend to which the company is complicit will eventually come out. It's unlikely any reasonably-sized company is going to expose themselves by underreporting or not reporting W2 or 1099 income. It's more likely you don't have the complete story.

 

[Ranching]

I'd go after the child support, because, screw that guy. If you can prove that child support is legally owed, the extend to which the company is complicit will eventually come out. It's unlikely any reasonably-sized company is going to expose themselves by underreporting or not reporting W2 or 1099 income. It's more likely you don't have the complete story.

I'd take the kids into consideration before doing that. Could lead to them picking sides. If his relationship is good with them and they don't need the money, screw him.

 

[StarHead69]

Thanks.
They are well aware of what kind of person he is. It took both of them being scammed at separate times for them to really get it. One of the girls has a no contact order, and the other deals with him only on FB. I'm basically angry that he has been able to game the system for so long. A relative called in a favor from a P.I. friend of hers and that's how I know about the tax returns and where he's been working. This guy has caused me a lot of trouble over the years. Every few years he rears his head and messes with my wife, my kids, or my work. Now I know where he live, where he works, and that he will probably go to prison with one phone call to the police...

 

[waldoputty]

It has come to my attention that the wife's ex has been getting paid under the table for years in order to avoid garnishment of child support. IMHO any company willing to do this is guilty of fraud. My question is this: Is the company not also guilty of aiding and abetting?

The money isn't the issue. It admittedly would have made life a little easier for the last fifteen years, but we raised two of his kids without his help. I am just infuriated that a man can not file taxes for 15 years, avoid his obligations, and that a decent sized company has been willing to help him cheat the system... and two innocent children that
should have had some more of the better things in life.

like others have said, forget aiding and abetting - it is possibly tax fraud.
surprised that a decent size company would get involved in this.
when you said under the table, that sounds like cash?
IRS would be the easy recourse, but this type of thing is dangerous.
though if it is important for the children, then ...

 

[waldoputty]

if u threaten him, make sure he knows others have the same info.
this type of stuff can get real scary.

 

[DFWJC]

Good luck, you will never see a dime. My sister has a kid from a no-good father who can't hold down a job. He will not work because of the support that would be taken out so he lives with his parents and plays video games.

It has now been 8 years and she is still waiting on any money which the courts don't seem to want to cooperate. It is appeal after appeal after appeal of her lawyers trying to show him as a loser and to pony up.

My advice is to let it go, it will get expensive on your part and yet there is a good chance you still will not get paid back payments.

I hear you, Dex.
But that is an entirely different scenario.
One guy earned real money and hid it, so by law should have paid.
The other didn't have income (even if it was due to being a slacker). Hard to squeeze lemonde from a rock.