[MrPayne]

My ex-wife who is now in arrears of $270,000 was recently granted a "Modification of Child Support" which lowered her monthly support payments by $1,500. I'm not sure what the purpose of it was since she hasn't paid a dime of child support in the past ten years, I can't imagine she will begin now. In fact, this modification happened 5 months ago, and she has given me $200 twice after I begged her to help me pay the household electricity bill. Truthfully, I need her help right now more than ever. The household electricity bill averages $200, the phone/cable/internet bill averages $200 as well and all three are combined on one monthly bill. Since I have very little faith or hope I will ever receive money from her, do you think a judge would ever consider requiring her to put my household bills in her name and pay them monthly? She is very particular about paying her monthly bills because she wouldn't want to tarnish her credit - by the bills being in her name, she would be sure to pay them. Is it legal for a Judge to impose such an order? Help!

[ScottGem]

Its creative and worth a try. But there is still the question of WHY you can't get money from her. I know you have other threads about this, but I don't recall does she have a job? If so, then why isn't her pay being garnished? As I recall you are in California, can't the state support collection agency get her in some way? Have you asked the judge to hold her in contempt of court, maybe have her spend some time in jail?

[MrPayne]

Scott, truthfully, if someone could answer this question for me, I would be eternally grateful! We have been to court numerous times on the issue of non-payment of support - and, she always walks out with a simple slap on the wrist and reminder that it is her "responsibility" to help in the support of her children. She goes into the hearings with the same sob story every time that she "has no money" and is "making considerably less" than she was in prior years. In the past, when my attorney became extremely ambitious and demanded bank statements and income tax filings, it always resulted in the court discovering she was lying and usually it caused the support to increase. I think the biggest obstacles have been her self-employment status, that she has remarried, that she has possibly established business names that I'm not aware of and checks could be written out to her various "companies" - in addition to this, she has lived in California, Atlanta, and is now living in Chicago, so usually by the time CA catches up with her she's off and under another states's jurisdiction. About 3 months ago, our daughter (now 18) asked her for $100 for personal reasons and, after jumping through a few hoops, her mom eventually put the money in her bank account. Then, just a few weeks ago, our daughter asked her again for another $100 and her mom replied by saying "the only time I ever hear from you is when you are asking me for money!" Our daughter replied by saying, "this is the second time I've asked you for money in the last 15 years!" I feel badly because our daughter has since cut off communication with her mom. She is now in her first year of college and I need help! I understand she is 18 now, but she never financially assisted her throughout her childhood. This is very, very crazy to me, but honestly, the courts have not helped in any way. My last attorney told me "contempt is very difficult to prove" - true? Hmmmmm...

[cdad]

Scott, truthfully, if someone could answer this question for me, I would be eternally grateful! We have been to court numerous times on the issue of non-payment of support - and, she always walks out with a simple slap on the wrist and reminder that it is her "responsibility" to help in the support of her children. She goes into the hearings with the same sob story every time that she "has no money" and is "making considerably less" than she was in prior years. In the past, when my attorney became extremely ambitious and demanded bank statements and income tax filings, it always resulted in the court discovering she was lying and usually it caused the support to increase. I think the biggest obstacles have been her self-employment status, that she has remarried, that she has possibly established business names that I'm not aware of and checks could be written out to her various "companies" - in addition to this, she has lived in California, Atlanta, and is now living in Chicago, so usually by the time CA catches up with her she's off and under another states's jurisdiction. About 3 months ago, our daughter (now 18) asked her for $100 for personal reasons and, after jumping through a few hoops, her mom eventually put the money in her bank account. Then, just a few weeks ago, our daughter asked her again for another $100 and her mom replied by saying "the only time I ever hear from you is when you are asking me for money!" Our daughter replied by saying, "this is the second time I've asked you for money in the last 15 years!" I feel badly because our daughter has since cut off communication with her mom. She is now in her first year of college and I need help! I understand she is 18 now, but she never financially assisted her throughout her childhood. This is very, very crazy to me, but honestly, the courts have not helped in any way. My last attorney told me "contempt is very difficult to prove" - true? hmmmmm...

You start by taking her to court right away for contempt and non payment of child support. You go for all the documents you can get from her as well as ask that she be put in hail as a reminder to pay her support. You put a lien on everything that she owns. If she is self employed then it requires a business license and you can put a lien on that. Also you can push for the sale of the "family" home to gather assets. If she keeps trying to evade then nail her for it. Also any time your going to court over this then make sure she has to pay the tab.

Hire a private investigator if you have to. Get everything and start making huge waves in her life. And the credit report thing your mentioning. Get one of those too. As it should list her arrears on it.

[MrPayne]

Court date set for Thursday, February 10, 2011 - I intend to submit a Demand for Production of Documents this month in case I have to do another follow-up requesting additional documents in early January. She has NEVER produced all documents.