My ex not paying spousal support and child support is only every few months? What can I do, I can't afford attorney?!

Asked about 1 year ago - Wickenburg, AZ

My divorced finalized May 2013 and my ex was ordered to pay spousal support and child support. I only have received 2 spousal support payments (he paid me personally via cashier's check - after his personal check bounced) and 3 child support payments (via State/Court). He did give me a personal check once too. He says he is "self-employed" and he isn't getting paid right now so he has no money. So I can't get the state/court to withhold. Per our court agreement, he is allowed to claim 2 of our 4 children on his taxes, but if he is not paying I think that would be "illegal". I am having a VERY difficult time supporting me and our children. What can I do? I need clear direction, as I can't afford another attorney, the divorce almost broke me.

Attorney answers (2)

  1. Laura A McDermott

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The self-service forms for Maricopa County Superior Court are available here: http://www.superiorcourt.maricopa.gov/SuperiorC...

    You can prepare and file the forms yourself (without an attorney). Just make sure to carefully follow all the instructions on the forms. Good luck!!

    The answers provided are for general information purposes only. They do not establish an attorney-client... more
  2. Ryan Hardy

    Pro

    Contributor Level 15

    Answered . If he is behind on his child support for this current tax year, he cannot claim ANY of the children. You need to file a Petition to Enforce Child Support and Spousal Support and request contempt of court. If you do decide to hire an attorney, you should request attorney's fees. Frankly, you stand a good chance to get them in a case like this. Also, in your petition you can request that he have to pay a purge order, and if he fails to do so, then sometimes a court may give him jail time until he pays off the purge. Sometimes attorneys are able to work out fee agreements that may be more affordable in your case. You should at least get direction from an attorney via a free consultation. Several firms on here, like mine, offer free consultations.

    This answer is provided for general information only and is not to be construed as legal advice. This response is... more

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