What to do if my ex-husband has a court order to provide his financial information to me as sole custodian of our son but he has filed to do so?

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What to do if my ex-husband has a court order to provide his financial information to me as sole custodian of our son but he has filed to do so?

I already had a lawyer have to get this information from him once and amend our child support payment, and it cost well beyond my means it was at this time it was written into the court order that he provide his financial information each year. My ex is currently increasing his income, and it is my right to increase his child support along with it. He has refused to provide this information I have phoned, written a letter of request, and asked in person. How can I get it?

Asked on September 27, 2012 under Family Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can go to court and request that the court enforce its order.  Your ex can be subject to civil or criminal penalties for violating a court order.

To have the court enforce its order, it would be advisable to ask the court clerk which forms you need to file as the forms may vary from state to state.  You will probably need to file an Order to Show Cause (court form) and a supporting declaration.  The supporting declaration you sign under penalty of perjury.  It states the facts (your ex is not providing the financial information pursuant to the court order).  When you file an Order to Show Cause, the court will schedule a hearing on this issue.  File a proof of service with your Order to Show Cause and supporting declaration.  The proof of service verifies the date of mailing a copy of your documents to your ex.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to __________ (name and address of your ex) on __________ (date).  You sign and date the proof of service at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.


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