How do I get court ordered support for my children from my ex-husband?

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How do I get court ordered support for my children from my ex-husband?

He owns a business with his mother but when the court order was issued, it was based on his army rank. He is out now. The business is in his mother’s name and he hides behind that. He has (supposedly) sold his properties to her as well. He is in FL and we live in AZ. It is hard for me to find out information and the local child support enforcement wont call me back. I don’t have $3000 which is what the lawyers want in order to help me.

Asked on September 20, 2010 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are in a position that will require a bit of digging to show a court that he is hiding assets and hiding behind his mother's skirt, so to speak.  That is a difficult and expensive thing to do when you are in the same state. The distance between you makes it that much harder.  If he "sold" his properties in a bona fide transaction then he has money for support and for back support.  If he merely transferred the assets to avoid paying then again, that will have to be proven.  But you can still go and ask for a modification of the child support if his income is showing more than it was when the original order was issued. A change of circumstances must be proven. But be sure that it is proven in the direction your want: increased income.  A reduction in support - without proof that he is hiding assets - is not what you need. See if you qualify for legal aid and see if they can subpoena his tax returns.  Good luck.


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