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  1. #1

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    evil genius

    My x has transferred property and hidden income. I have not recieved a penny voluntarily or otherwise for 3 yeaars. How do I prove he is working without having to hire a pi?


  2. Moderator Samaritan & Scholar

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    Is there actually a court order for child support?

    If so, either open a case with CSE or file in court for contempt (for nonpayment).

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    bestinterest (01-16-2012)

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    Genius, say hello to Motion to Compel!

    Going on the presumption that your divorce was not a straight forward Summary Dissolution, you can file in the family court a Request for Production of Income and Expense Declaration After Judgment in lieu or with an eye to filing of a Motion to Modify Support.

    In this situation, either party has the right to serve on the other a demand for a completed Income and Expense Declaration together with copies of the last federal income tax return. If he should drag his feet and ignore your request, you can then file a Motion to Compel Compliance with the request.

    So you do not need to hire a private investigator as the income and expense declarations are made through and supported by sworn affidavits, so anything less than the truth as best known to the party will be perjury, and then that partyís problems shall deepen considerably to the point that the paying of mere alimony will be considered a cake walk in the good olí days.

    I do not know what state you are in, but you most probably be required to do this using standard judicial council forms which your local family court should have for sale for nominal fees.

    fredrikklaw
    Only a lawyer can use 10,000 words to write a documewnt and then call it a Brief!

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    bestinterest (01-16-2012)

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    Thank you so much! I did the production and I am certain he will not "produce" as this is my 2nd attempt. I did not compel the first, as my time and resources are limited. I am of the understanding that the Production of Documents needed to be served after the OSC to modify... now he will have to produce financial docs. after our court date to modify support........... I have learned that so much of the legal fight relies on the particular mood of the judge and assertive demeanor of the petitioner...any other advise as far as approach on for next week? Any chance I can get support in arrears or $ for our son's senior expenses?

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