Spousal Support

[mfrances1]

Divorce was done in Kansas. I live in Arizona now. Ex lives in Virginia now. He is to pay me $500.00 a month for 5 years since 23 Aug 00. He has never paid. Lawyers here say they can't go after him in VA. What can I do?

 

[sofla]

mfrances1: I am not a lawyer, but, I suggest you need to obtain an income deduction order to be served on his current employer, which I assume is a private company or corporation of some kind. You might be able to get a VA lawyer to do this by him or her taking the KA divorce order to a VA judge and requesting the order to be issued. You could also ask that he be held in contempt of court. I'm not sure, but, you may be able to petition a court locally to assume juristiction since neither of you reside anymore in KA and try to do it that way, if a local court where you reside now would assume juristiction, than VA generally would be obligated by interstate type laws to honor their orders I believe (although they still might have to be taken to a VA judge first).

Last, if he works for the federal government and some state governments, just get where you are now to take juristiction and issue the income deduction order, most states and the fed gov will honor the income deduction orders of any state or county in the USA but I'm not sure about the private employers.

Good Luck:

JOE

 

[mfrances1]

Thanks for the advice Joe, but I went to legal aid here since I am also disabled and am waiting on SSI and have no income and they will not take jurisdiction or help in anyway. And I called several lawyers and they said they wouldn't take the case because AZ even with a change of jurisdiction cannot enforce a wage garnishment in VA. And that it would be up to the employer to even decide to do the wage garnishment. Legal aid in VA won't take the case unless I am referred by legal aid here and so far they won't help on that either. So I am thinking my ex was right when he said I couldn't touch him. All I want now would be the money he owes and is supposed to pay, but their was more he was supposed to do and didn't and I don't know if I can get all the other stuff taken care of if I can't even get the spousal support. Oh well, am still waiting for someone to help me out on this.
Thanks again,
Mary

 

[sofla]

One last thought, your situation is tough, but, have you ever seen those places that advertise, (and advertise on the internet), to collect back support.

Even if they kept some percentage of it, they are like a collection agency. Look for them with an internet search engine under "collections child support/alimony" and see what comes up.

It couldn't hurt to try.

Good Luck:

JOE