Family Law

questions & answers

Question: I had a default divorce awhile back while I was away on active duty. My now ex told the judge that I made $100k/yr on active duty when my income was far less than half that amount of course. Modifying her and the court's secret divorce now is easy enough, but I'm in arrears for money I couldn't pay from the divorce up until my first modification. How do I get bank statements, tax returns, paystubs and whatever else they need and should have had in the first place to a judge in order to negate a year's worth of $3,500/mo alimony that AZ DES is still trying to enforce? -Making me a homeless vet

Answer: Modifying money owed in arrears can be difficult. You should speak with an attorney regarding this matter. You might qualify for a free consultation with an attorney though the Arizona Military Assistance program. To see if you qualify, call (866) 637-5341.

It might be beneficial to review the following information regarding the Service Members Civil Relief Act from Stateside Legal.org: http://statesidelegal.org/family-law-scra-how-it-works. A spouse who requests a default judgment must sign an affidavit stating that the other spouse is not in active duty or has waived rights under the SCRA. Criminal penalties may be imposed on those who lie on this affidavit. (http://www.americanbar.org/content/dam/aba/events/legal_assistance_military_personnel/ls_lamp_cle_mar12_family_law_and_the_scra_handout2.authcheckdam.pdf)

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QUESTIONS

  • I had a default divorce awhile back while I was away on active duty. My now ex told the judge that I made $100k/yr on active duty when my income was far less than half that amount of course. Modifying her and the court's secret divorce now is easy enough, but I'm in arrears for money I couldn't pay from the divorce up until my first modification. How do I get bank statements, tax returns, paystubs and whatever else they need and should have had in the first place to a judge in order to negate a year's worth of $3,500/mo alimony that AZ DES is still trying to enforce? -Making me a homeless vet

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