Need Advice Please

[mistoffolees]

>So basically I'm SOL either way? If I mention he has been
>working for cash for 4 years I go to jail...if I say he hasn't
>had income then it will probably mean I have to pay for the
>divorce and won't get the child support amount my kids are
>entitled too?

No, it's not that bad.

You have a number of options, but I would talk with an attorney about them.

For example, you could go to the IRS and admit that he was doing this but you want to come clean. They might charge you (and him) a penalty, but generally don't impose jail terms to people who admit their guilt.

Alternatively, you don't bring the IRS into it at all, but use that as leverage to get him to agree to a reasonable level of support. He presumably knows that he could get in trouble for not reporting his income and might be more cooperative.

It's a very complicated situation and there are a lot of things to be considered, but there are lots of scenarios where you come out OK. My statement was simply to explain to you that this is serious business and you need help. If you can find an attorney through legal aid or elsewhere, it would be best.

[nicole_80sgirl]

Is it possible to get the temp custody order on my own?

[mistoffolees]

>Is it possible to get the temp custody order on my own?

Yes, some people have done it.

However, it's very easy to make a mistake, so before considering it, you'll need to spend a good big of time studying court rules and learning how to file. Talk with the court clerk - they can be a big help to you and they're often overlooked.  Make sure you understand how the system works to make sure you're doing it right because even a minor mistake can mess things up (for example, my ex's attorney forgot to ask for alimony in her filing and therefore wasn't going to be entitled to it if without going through another lengthy filing delay. If her attorney hadn't discovered that mistake until the hearing was underway, it would probably have been too late.

If you can find any way to swting it, I strongly recommend an attorney - even legal aid or something like that. Some attorneys dedicate a percentage of their time to free (pro bono) work. Things will definitely go much smoother if you can find the money somewhere.

Good luck.