I live in Illinios and my ex-husband lives in Arizona where divorce decree originated. He is hiding from the law - living with girlfriend -name not on lease-and I found out he is unemployed - child support stopped.
He is not paying court ordered child support or spousal maintenance and has not notified the court of his loss of job or residential address. I have found him through other people and know his location. I have filed Motion to Enforce Payment.
Last month, when he owed legal fees to me in court, he wrote a Motion stating he was homeless and living in his truck. Well, the truck has been repossessed and he is living with his girlfriend.
My question : Should I write Motion to court telling the truth on his living situation? We do have a 15 year old daughter that he is not having visitation with - but he could start fighting that at any time. Is it better for me to let sleeping dogs lie - how can he have visitation if he is unemployed, living in truck, and homeless? Or should I bring the truth to the court?
Answer
Filing your motion to update the known facts regarding your former husband is advised. However, realize that visitation of a parent does not depend entirely on payment of child support, if he has valid, credible reasons for failure to pay such support. You are also advised to discuss your legal options with a family law attorney or local family support organization.
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